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NYPE Form – clause 8 – effect of “responsibility of Captain” addition

The Facts

The vessel was let on the NYPE Form for time charter trip.

Clause 8 read in part: “…Charterers are to load, stow, trim and discharge the cargo at their expense under the supervision and responsibility of the Captain…”

Owners claimed for stevedore damage at Guizan and Port Sudan.

Findings

AJ Kazantzis, D Baskerville and BA Harris dismissed the claim for damage at Guizan.

In respect of damage occurring at Port Sudan they held that the damage was caused by stevedores’ negligence and that the damage could not have been prevented by the ship’s officers. Accordingly, they awarded damages to the owners.

On appeal, Steyn J, following the Shinjitsu Maru and the Argonaut, overturned their award.

He held that stevedores’ negligence was a risk assumed by the owners in clause 8.

Commentary

The Shinjitsu Maru, the Argonaut and this case have become a trilogy which has been consistently followed to date.

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Charter Party Casebook