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Old 06 September 2006, 11:18   #1
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Mooring Question

If a boat was left on someone's mooring - and the owner of that mooring came back - tied his own boat on his mooring and left the other boat tied on the back of his boat,

The boat went missing over night, who's fault is it??

Is it the owner of the mooring for untying the boat?

or the owner of the visiting boat for tying onto someone elses mooring???


This actually happened in abersoch last week and i was asked the question, so i thought id find out the actual answer

can any one help???


Thanks Sammo
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Old 06 September 2006, 12:36   #2
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It is the fault of the visiting boat.

When the owner of the berth returns, if someone is on their mooring (or in their berth in the case of a marina berth) it is mighty annoying. They are under no moral obligation to ensure the safety, or otherwise, of the boat in their space.

They should tie it up elsewhere but if its tough s**t if anything untoward happens to it.
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Old 06 September 2006, 12:49   #3
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We once tied up a boat we had a few years ago to a free mooring, the owner came back to his mooring, cast our boat adrift and tied his up.

Wern't best pleased but what can you do. We were in the wrong.

Harry
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Old 06 September 2006, 13:57   #4
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Thanks guys

That's all I wanted to know

Sammo
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Old 06 September 2006, 16:46   #5
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Quote:
Originally Posted by Andy Moore
They are under no moral obligation to ensure the safety, or otherwise, of the boat in their space.
Au contraire, IMvHO.

If the returning "owner" (who is probably only leasing, or licensed to use, the space) doesn't exercise due care and attention, then he or she is being negligent. And if by moving the other boat he or she creates a hazard to other craft or people, then even more so. I believe that in this situation, the berth-holder should act with caution and treat the other boat as he would his own.

There's a lot to be said for "treat others as you would like to be treated yourself". And who knows what may have happened to the visitor - medical emergency for example?
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Old 06 September 2006, 17:02   #6
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Quote:
Originally Posted by simmons0
We once tied up a boat we had a few years ago to a free mooring, the owner came back to his mooring, cast our boat adrift and tied his up.

Wern't best pleased but what can you do. We were in the wrong.

Harry
If he cast your boat adrift and it subsequently suffered damage I'm fairly sure he'd be guilty of the criminal offence of causing criminal damage. The damage of course wouldn't be deliberate but if someone is 'reckless' as to whether such damage is caused ( and surely casting a boat off to its fate is reckless) they're guilty.
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Old 06 September 2006, 17:09   #7
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Thats assuming someone didn't claim salvage of your boat after finding it floating unattended I prersume? Or is that just hearsay?
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Old 06 September 2006, 17:13   #8
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I think that "just finding" a boat doesn't count for much. Salvage has to be presented to the official "Receiver of Wreck" who may make an award to the finder, which is supposed to be proportional to the amount of trouble (and/or danger) the finder went to in the course of salvage.
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Old 06 September 2006, 17:19   #9
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I am inclined to agree with RichardB - there may be no obligation to do something responsible with the boat - but it doesn't make it reasonable not to.

Quote:
Originally Posted by Andy Moore
They are under no moral obligation to ensure the safety, or otherwise, of the boat in their space.

They should tie it up elsewhere but if its tough s**t if anything untoward happens to it.
Andy - I think you need to check the meaning of moral. I would say they certainly have a moral obligation to look after it.

Is it illegal? possibly not
Is it bad seamanship? probably

if there is a boat cast adrift (either intentionally or recklessly) it will become a hazard to shipping and could result in the needless launching of lifeboats etc to deal with it...
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Old 06 September 2006, 17:36   #10
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Quote:
Originally Posted by Polwart

Is it illegal? possibly not
Sorry, perhaps I wasn't clear, casting the boat adrift isn't illegal, If it finishes up damaged, anything from gelcoat scratches to a total loss, then yes I think the person who released it may well lay themselves open to a criminal damage charge.
The test would be that if an ordinary man in the street would think it reckless to release a boat from a mooring and for it to subsequently sustain damage the offence would be complete.
I'd assume we'd all say yes it was and I suspect the 'ordinary' man would too.
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