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The Safe Port in Maritime Law: Decade of Certainty or Muddier Waters?

NUS - Centre for Maritime Law Working Paper 17/02

NUS Law Working Paper No. 2017/002

29 Pages Posted: 16 Mar 2017  

Stephen Girvin

National University of Singapore (NUS) - Faculty of Law

Date Written: March 15, 2017

Abstract

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

Suggested Citation

Girvin, Stephen, The Safe Port in Maritime Law: Decade of Certainty or Muddier Waters? (March 15, 2017). NUS - Centre for Maritime Law Working Paper 17/02; NUS Law Working Paper No. 2017/002. Available at SSRN: https://ssrn.com/abstract=2933945 or http://dx.doi.org/10.2139/ssrn.2933945

Stephen Girvin (Contact Author)

National University of Singapore (NUS) - Faculty of Law ( email )

469G Bukit Timah Road
Eu Tong Sen Building
Singapore, 259776
Singapore

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