Tor Line AB v. Alltrans Group of Canada Ltd. (The TFL Prosperity - Court of Appeal (Sir John Donaldson M.R., Dillon L.J. and Sir Denys Buckley) - 30 March 1983

Baltime exclusion clause overrides typed warranty

The Court of Appeal has disagreed with the Umpire and the Judge at first instance as to the effect of clause 13 of the Baltime charterparty. Clause 13 gives a wide exception in favour of owners. It provides: