The charterer’s duties under a charter are as follows.
1. To nominate safe port.
2. To load non –dangerous goods.
CHARTERER'S IMPLED DUTY TO NOMINATE SAFE PORT
Generally nomination is to be made by the chatterer or his agent, The chatterer should nominate the port of loading and discharging and this nomination is not limited by any consideration of the ship owner’s convenience or expense. The object of nominate a safe port is to protect the interest of the ship owner-
- Ship will not be damaged and
- Cargo interest will protect from danger of loss.
If an unsafe port is nominated, a ship owner is entitled to ask the chatterer to re-nominate another port. If the chatterer refuses, the ship owner may terminate the charter party or he may send the vessel to the nominated unsafe port but reserve his right to claim damages. The Evia (No.2) [1982] 2 Lloyd’s Rep 307.
CHARTERERS IMPLIED DUTY TO LOAD NON-DANGEROUS GOODS.
Under the common law the chatterer impliedly undertakes not to ship dangerous or hazardous goods without the knowledge of the ship-owner. This duty can also be expressly provided in the contract. Dangerous goods are those goods which by reason of their nature, quantity or mode of stowage are liable to endanger the lives of persons on ship or near the ship or to imperil any ship. However, where the ship owner is given notice of the dangerous goods which he accepts, if damage occurs afterwards, the ship owner shall be held liable.
Effects of Undue Influence
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Duties of Charterers
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