Simple contracts of the nineteenth century impliedly imposed onto the charterer a duty not to order the vessel to an unsafe port.…continue>>>
Per Donaldson J inThe Evaggelos TH. 2 Lloyd’s Rep 200 at 204:
For my part, I think that it is concerned exclusively with the marine characteristics of the discharging place, and requires that the vessel shall at all times be water-borne and shall be able to remain there without risk of loss or damage from wind, weather or other craft which are being properly navigated. Thus a place which dries out or one in which the vessel can only lie to an anchor in fair weather or one in which the vessel might in certain winds or tides lie across the fairway would not be within the requirements of the clause.