The decision as to the route to be taken by a ship between points on a journey, was in the master’s discretion, as exercised on behalf of owners, not the charterers.
Citations:
Gazette 18-Mar-1998, Times 05-Mar-1998
Jurisdiction:
England and Wales
Citing:
Appealed to – Whistler International Ltd v Kawasaki Kisen Kaisha Ltd; Kawasaki Kisen Kaisha Ltd v Tokai Shipping Co Ltd of Tokyo CA 25-May-1999
In a time charterparty, the charterer was free to determine the orders, but not the orders as to navigation. The ship’s master was solely responsible for its safety, and so retained entire discretion as to the navigation route. . .
Cited by:
Appeal from – Whistler International Ltd v Kawasaki Kisen Kaisha Ltd; Kawasaki Kisen Kaisha Ltd v Tokai Shipping Co Ltd of Tokyo CA 25-May-1999
In a time charterparty, the charterer was free to determine the orders, but not the orders as to navigation. The ship’s master was solely responsible for its safety, and so retained entire discretion as to the navigation route. . .
Lists of cited by and citing cases may be incomplete.
Transport
Updated: 10 April 2022; Ref: scu.90446
