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The Safe Port in Maritime Law: Decade of Certainty or Muddier Waters?

Year of Publication: 2017
Month of Publication: 3
Author(s): Stephen D Girvin
Research Area(s): Admiralty/Maritime Law
Name of Working Paper Series:

NUS Law Working Paper

WPS Paper Number: CML-WPS-1702
Abstract:

The safe port warranty is fundamental to charterparties. The principles of law have been developed by the courts over a period of 150 years or so, but there have only been five decisions in the past decade, each of which is considered in this paper, including The Ocean Victory, in which a judgment by the Supreme Court of the United Kingdom is currently awaited. The decisions are considered individually, each of them on different aspects of the safe port warranty. The paper concludes that, with the exception of The Ocean Victory, all of the decisions have contributed to certainty in this area of the law.