Safe port warranty


English law of contract regulates performance of obligations which the parties have chosen to impose on themselves in the course of their commercial relations. Most of general principles of the English law of contract were developed in the eighteenth and the nineteenth centuries on the rise of public interest to the philosophy of laissez-faire, accordingly the courts saw their role mainly in holding the parties to their bargain as provided in contract . Contacts of sea carriage were no exception to this rule.

Obligations of a merchant and a shipowner were mutually absolute – the former shall nominate the port , provide for the goods and pay freight. The latter shall reach place or places named in contract, there load the goods and deliver them to the receiver. Absolute duties were subject only to few exceptions such as acts of God or King’s enemies and perils of the sea. Generally speaking, only total loss of the vessel excused the shipowner from fulfilling his contract.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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