Safe Port Warranty
Meaning of Safe Port
Physically safe
Beginning from the last quarter of the nineteenth century rapid development of propulsion systems stimulated, in its turn, significant growth in size of the ships. Obviously, a bigger vessel was able to carry more goods and also draw more water but apart of draft limitations, such a vessel required larger sea room for anchoring and safe manoeuvring, tug assistance in narrow channels, experienced pilot and master to handle it inside the harbour. It therefore became necessary to consider individual particulars of each vessel to ascertain safety of port in question.
In Johnston Brothers v Saxon Queen Steamship Company (1913) 108 L.T. 564 the court held that the safety or unsafety of a port must be assessed with regard to the actual vessel which has been chartered to use the port. The period for consideration was stated to be at least the whole period of the vessel’s use of the port and may take account of dangers likely to be incurred on the voyage. In Limerick Steamship Co. v Stott & Co. [1921] 1 K.B. 568, at p.575 the second issue was related to liability for expenses of cutting the masts of the steamer, because otherwise the vessel was unable to pass under the bridge when leaving Manchester upon completion of discharging. Bailhache J said:
In my judgment the expense of cutting the masts must fall upon the charterers, because they were only entitled to order the Innisboffin to a safe port, which means a port to which a ship can safely get and from which she can safely return. It was therefore a breach of contract for the charterers to order her to proceed to Manchester, and having committed a breach of contract they must pay the damages which flow from that breach of contract.
In Brostrom (Axel) & Son v Louis Dreyfus & Co (1932) 38 Com Cas 79, 44 Ll L Rep 136 it was held that if chartered vessel can reach her nominated port only with tug assistance and no such assistance is available at the port itself, then such port is not a safe port, as regards that particular vessel, within the charterparty. In Compania Naviera Maropan SA v Bowaters Lloyd Pulp and Paper Mills Ltd (The Stork) [1955] 2 All ER 241, [1955] 2 QB 68 it was found on the facts, that the nominated loading place, Tommy’s Arm in Newfoundland, was always inherently unsafe both at the time of nomination and at any later time for a ship of the size of the Stork. The place being exposed to frequent bad weather conditions, at which times much wider sea room was required to manoeuvre the Stork safely due to her permanent characteristics.
In Leeds Shipping Co Ltd v Societe Francaise Bunge [1958] 2 Lloyd’s Rep 127 the clause provided that "the said vessel shall proceed to one or two safe ports in Morocco or so near there to as she may safely get and lie always afloat, and there load a full and complete cargo…". The Court upon examination of extensive documentary basis including detailed description of Mogador and experts’ evidence held that the vital factors of unsafety in port of Mogador were the lack of reliable holding ground in the anchorage area, the lack of shelter and exposure of anchor place to the sudden gusts of high wind which could not be predicted and which might quickly cause an anchor to drag.
This short overview shows that besides sophisticated legal issues, question of safe or unsafe port has also gradually embraced complex technical aspects of shiphandling, maneuvering and passage planning:
The safety of the port should be viewed in respect of a vessel properly manned and equipped, and navigated and handled without negligence and in accordance with good seamanship. This may include, where circumstances so require, and if available, the engagement of a pilot or the use of a tug or tugs or, especially if such assistance is not available, consultation with a harbour-master or some other responsible person with knowledge and experience of the port.
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