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Warning
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LSDefine
Simple English definitions for legal terms
safe-port clause
Read a random definition: quamvis non potuerit dare
A quick definition of safe-port clause:
A safe-port clause is a rule in maritime law that requires the charterer to select a port where the ship will not be damaged. If the ship's captain believes that the port is not safe, they can refuse to enter without breaking the charter. However, if the captain enters the port and the ship is damaged, the charterer is responsible for the damages. This is different from a safe-berth clause, which only requires the charterer to provide a safe place to dock the ship.
A more thorough explanation:
A safe-port clause is a provision in a voyage or time charterparty that requires the charterer to choose a port where the ship will be safe from damage. This clause is a part of maritime law.
For example, if a ship is chartered to transport goods from one port to another, the charterer must choose a port that is safe for the ship to enter and unload the cargo. If the ship's master believes that the chosen port is not safe, they can refuse to enter the port without breaching the charter.
However, if the master reasonably enters the port and the ship is damaged, the charterer is liable for the damages. This means that the charterer must pay for any repairs or losses that occur as a result of entering an unsafe port.
The safe-port clause is important because it helps to protect the ship and its crew from harm. By requiring the charterer to choose a safe port, the clause helps to ensure that the ship can complete its journey without incident.