Master’s Page. MaritimeBlog.
The master is "a man not a mouse"
Every master daily handles bunch of messages, orders, requests, etc. Some of instructions rather simple, but some require careful attention and master often in doubt whether his decision to obey is a correct one. Understandably, there is no universal rule applicable to every situation but as a general guidance I’d like to offer citation form judgment of Mr. Justice Donaldson (later Master of Rolls Lord Donaldson) in Midwest Shipping Co. v D. I. Henry,(The Anastasia) [1971] 1 Lloyd’s Rep. 375. In that case the master received orders from the charterers to return back to a port in circumstances where the master did not consider this advisable for various reasons, one being that, on charterers’ instructions, he had lied to the port authorities about his destination and another being that there would be insufficient water to cross the bar. Only after the order had been twice repeated did the master comply with it. Charterers claimed off– hire for the time lost as a result of the master’s delay in compliance with orders. In an arbitration the umpire held that there was no breach as the master had acted reasonably in delaying, and, on a case stated, Mr. Justice Donaldson held that the right test had been applied, he said that the master is "a man not a mouse" and continued:
In this connection it is important to remember that the master of a merchant ship occupies a civilian post. He is not the captain of a naval vessel who might well be expected to comply instantly with an order and seek verification or reconsideration afterwards. Furthermore, he is not receiving the instruction from somebody who is his professional superior, as would be the case in the services. He is the representative of his owners and also to some extent of the charterers. He occupies a post of very great responsibility, and he occupies that post by virtue of long training and experience. If he was the type of man who would immediately act upon any order from charterers without further consideration, he would probably be unfitted for that post. It seems to me that against that background it must be the duty of the master to act reasonably upon receipt of orders. Some orders are of their nature such that they would, if the master were to act reasonably, require immediate compliance. Others would require a great deal of thought and consideration before a reasonable master would comply with them.
Read also ‘Master’s Authority’
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