‘A port will not be safe unless, in the relevant period of time, the particular ship can reach it, use it and return from it without, in the absence of some abnormal occurrence, being exposed to danger which cannot be avoided by good navigation and seamanship.’ (Leeds Shipping Co v Societe Francaise Bunge SA (The Eastern City) [1958] 2 Lloyd’s Rep 127, 131)
With this statement in mind, answer each of the following questions, illustrating your answers by using and engaging critically with the relevant case law:
(a) As between a shipowner and a charterer under (i) a voyage charter, and (ii) a time charter, who presumptively has the obligation to ensure that a port is ‘safe’? What is the rationale behind this obligation? Does this obligation arise under all voyage and time charters?
(b) At what stage does a port have to be ‘safe’, if there is an obligation to ensure that it is?
(c) What is meant by the phrase ‘some abnormal occurrence’?
(d) What constitutes ‘good navigation and seamanship’?
(e) If a shipowner believes that a port is unsafe, can it refuse to send the ship there?
Please use these 3 books as main resources :
1- Carriage of Goods by Sea Author John Wilson 7th edition 2010 Pearson Education UK Publisher
2- Shipping Law by Simon Baughen sixth edition 2015 Routledge publisher
3- Carriage of Goods by Sea Author Stephen Grivin 2011second edition Oxford university
