Suppose a fishing vessel called the Hemingway was a trawling for shrimp a few miles off of Key West Florida when it encountered a yacht called the Fitzgerald. The Fitzgerald radioed to the Hemingway a distress message requesting assistance because its engines had failed and its hull was taking on water. The Hemingway responded by safely embarking all of the passengers, which included the yacht owner, his wife, their two children, and their golden retriever. The owner of the Fitzgerald then asked the operator of theHemingway to tow the yacht back to Key West. Despite the inherent risks of towing a yacht with a fishing vessel, the operator of the Hemingway agreed and began towing the Fitzgerald. After about an hour, a storm came in that threatened to sink both vessels. To avoid this risk, the operator of the Hemingway was forced to cut the tow line and the Fitzgerald sunk to to the bottom of the ocean and caused some marine pollution from leaking bunker oil. As the Fitzgerald sank, some of the passengers' luggage floated to the surface, which they were able to recover. The Hemingwaythen continued on to Key West and everyone arrived safely. A few days later,citing the Salvage Convention, the owner of the Hemingway filed a civil action to recover a salvage award against the owner of the Fitzgerald.

Recall that the Salvage Convention considers the following factors in determining an appropriate salvage award:

1. The salved value of the vessel and other property;
2. The skill and effort of the salvors in preventing or minimizing damage to the environment;
3. The measure of success obtained by the salvor;
4. The nature and degree of the damage;
5. The skill and efforts of the salvor in saving the vessel, other property and life;
6. The time used and expenses incurred by the salvors;
7. The risk of liability and other risks run by the salvors and their equipment;
8. The promptness of the services rendered;
9. The availability and use of vessels or other equipment intended for salvage operations;
10. The state of readiness and efficiency of the salvors's equipment and the value thereof

(a) From the owner of the Hemingway's perspective, what are the best arguments supporting the recovery of a sizable salvage award?

(b) From the owner of the Fitzgerald's perspective, what are the best arguments supporting the position that there should be no salvage award or that any salvage award should be small?