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.
Citations:
Times 25-May-1999, Gazette 09-Jun-1999
Jurisdiction:
England and Wales
Citing:
Appealed to – Whistler International Ltd v Kawasaki Kisen Kaisha Ltd (The Hill Harmony) HL 8-Dec-2000
A master, engaged to fulfill a charterparty, was not free to choose a longer and slower route, when the shorter route was recommended and safe. His own perception of the safety of the route was not determinative. His rights to control navigation did . .
Appeal from – Whistler International Ltd v Kawasaki Kisen Kaisha Ltd QBD 5-Mar-1998
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. . .
Cited by:
Appeal from – Whistler International Ltd v Kawasaki Kisen Kaisha Ltd (The Hill Harmony) HL 8-Dec-2000
A master, engaged to fulfill a charterparty, was not free to choose a longer and slower route, when the shorter route was recommended and safe. His own perception of the safety of the route was not determinative. His rights to control navigation did . .
Appealed to – Whistler International Ltd v Kawasaki Kisen Kaisha Ltd QBD 5-Mar-1998
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. . .
Lists of cited by and citing cases may be incomplete.
Transport
Updated: 10 April 2022; Ref: scu.90447