Shipping – Time Charterparty – "Good and safe port" – Ship damaged by ice – Liability of charterers.

this page was last time updated on: 14-Oct-2012

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Cases referring to this case:

G W Grace and Co Ltd v General Steam Navigation Co Ltd (the Sussex Oak) [1950] 1 All ER 201

For education purposes only

For educational purposes only

On 10 January 1947, the Sussex Oak, being then in the Thames under time charter in the Baltime form, was ordered by the charterers to load a cargo of flour for Hamburg. On the voyage to Hamburg, she sustained damage by ice in the River Elbe. The charterparty provided by cl 2 that the vessel was "to be employed … between good and safe ports," and by cl 15 that the vessel was not to be ordered to any ice-bound place or where there was a risk that ordinarily the vessel would not be able, on account of ice, to reach the place or to get out. The arbitrator found that Hamburg was not a good and safe port for the Sussex Oak at any time between 5 January and mid-March and that, owing to the exceptionally severe weather, there was an extraordinary risk in a voyage to the port, and he made an award against the charterers. There was no finding that when the Sussex Oak was in the Elbe the ice dangers were considered likely to be more than temporary.



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