Aktieselskabet de Danske Sukkerfabrikker v Bajamar Compania Naviera SA (The Torenia)
[1983] 2 Lloyd's Rep 210
判决理由
A time charterer is liable for the consequences of nominating an unsafe port, even if the unsafety could not have been anticipated at the time of nomination, unless the master could have avoided the danger by reasonable action.
事实
The vessel Torenia was nominated to load at a port that became dangerous due to the outbreak of the Iran-Iraq war. The vessel was damaged while attempting to leave the port. The owners claimed damages from the time charterers for breach of the safe port warranty.
判决摘要
Hobhouse J held that the charterers were in breach of their undertaking to nominate a safe port. The test for safety is prospective at the time of nomination, but the charterer remains liable if the port becomes unsafe and the master cannot reasonably avoid the danger.
关键引述
"The warranty is that the port will be safe for the vessel when she uses it. The question is not simply whether the port was safe at the time of nomination."
— Hobhouse J
后续处理
Important authority on the scope of safe port undertakings in charterparties.