Safe Ports and Moorings for Loading and Unloading in Contract of Affreightment

Abstract

The article tackles the issues of a key term of contract between the owner of a vessel and the charterer for the use of a vessel (charter party) —a safe port. The concept of a safe port and requirements (terms) which it is to meet —nautical, sanitary, political and legal —have been worded. A safe port clause tends to be a requisite of contract of affreightment. It is very close but it does not dovetail other related clauses of this contract —«as close as the vessel can approach safely», «always afloat», «not always afloat, but safe on the bottom». Shipowner has a right not to implement the requiement of the other party —merchant —on directing the ship to a safe port. The safe port term is treated as a guarantee of a free port under English law. This means that the breach of guarantee by the merchant entails damage to the vessel for the merchant in any case. The merchant may be indemnified only if the vessel's captain performing the merchant's order breaks the chain («novus actus intervieniens»). Under Russian law, the liability of the merchant for directing the vessel to an unsafe port is a contractual liability based on the principle of guilt.