2.1 Introductory remarks
In this section, as we dissect the concept of port safety warranties under English law, several key legal questions will guide our exploration:
How should the charterers' obligation to order a ship to a safe port be interpreted in light of the precedent set by The Eastern City case? (2.1)
In scenarios involving political risks, such as the ongoing conflict between Ukraine and Russia, how is the safety of a port defined (2.2)? Can a port be deemed unsafe due to the risk of sanctions? Does the specific nature or characteristics of a ship influence the determination of a port's safety?
Must the obligation for port safety necessary be expressed, or can it be implied? If implied, what is the extent and impact of its scope? (2.3)
What is the fundamental nature of the port safety obligation? Is it an absolute guarantee or merely a promise that the charterer will exercise due diligence to ensure the port's safety? (2.4)
How is danger, as covered under the warranty of port safety, characterised? (2.5)
Are there alternative legal mechanisms or warranties available that can protect shipowners against being ordered to an unsafe port? (2.6)