Breach of “Safe Port” Warranty
Excerpt:
The English Courts have, generally, strictly construed safe port wording such that charterers are deemed to have given some form of safety warranty in the presence of safe port language in a charter party. This will probably be the case whether or not charterers anticipated doing so. A recent 2013 English decision in The Ocean Victory considered when a charterer’s warranty of port safety may be breached.
About Thomas S. Hawkins
Tom is a founding partner of the firm and practices in the areas of maritime law, insurance defence and commercial litigation advising clients on matters relating to marine insurance, arrest of vessels, towage, pollution, collision, terminals, cargo, employment, bodily injury and maritime commercial matters. Tom has conducted cases in the trial and appellate courts of the Federal Court, the British… view full profile »
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