182. Axel Brostrom & Son v Dreyfus & Co (1932) 44 L.l.l. Rep 136

Safe port – vessel requiring tugs to navigate winding turns in river port – port held unsafe

The facts

A large vessel was ordered to Londonderry. The approach to this river port was so narrow and winding that the assistance of tugs were required. No tugs were available in the vicinity and these had to be brought from a considerable distance away.

The owners claimed the expense of obtaining the tugs on the basis of a breach of the safe port warranty.

Findings

The umpire appointed by the parties found the port to be unsafe.

This finding was confirmed by Roche J who was of the opinion that the question of the safety of the port was one of fact.

Commentary

It is not clear from the report whether this was a time or voyage charter.

An alternative argument to the effect that the named port was agreed upon by the parties was dismissed by Roche J.

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