The Safe Port in Maritime Law: Decade of Certainty or Muddier Waters?
NUS - Centre for Maritime Law Working Paper 17/02
29 Pages Posted: 16 Mar 2017
Date Written: March 15, 2017
The safe port warranty is fundamental to charterparties. The principles of law have been developed by the courts over a period of 150 years or so, but there have only been five decisions in the past decade, each of which is considered in this paper, including The Ocean Victory, in which a judgment by the Supreme Court of the United Kingdom is currently awaited. The decisions are considered individually, each of them on different aspects of the safe port warranty. The paper concludes that, with the exception of The Ocean Victory, all of the decisions have contributed to certainty in this area of the law.
Keywords: Charterparties, Safe Ports, Implied/Express Obligation, Named or Nominated Ports, Abnormal Occurrences
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