The charterparty provided for delivery of cargo to ‘load one safe port Ventspils’. The port was not a safe harbour, and the goods were not delivered.
Held: The words used imported a warranty that the harbour was safe, and since it was not, the charterer was not obliged to call.
Judges:
Sir Anthony Clarke, Master of the Rolls, Lord Justice Longmore and Sir William Aldous
Citations:
[2008] EWCA Civ 175, Times 22-Apr-2008
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Ullises Shipping Corp v Fal Shipping Co Ltd Rev 1 ComC 14-Jul-2006
. .
Cited – STX Pan Ocean Co Ltd v Ugland Bulk Transport A.S. (Livanita) ComC 6-Jun-2007
. .
Lists of cited by and citing cases may be incomplete.
Contract
Updated: 14 July 2022; Ref: scu.266120
