Motor Oil (Hellas) Corinth Refineries S.A. v. Shipping Corporation of India (The Kanchenjunga) - Court of Appeal (Fox, Lloyd & Glidewell L.JJ.) - 23 November 1988

Vessel’s compliance with charterers’ order to proceed to unsafe port constitutes waiver of breach of safe port warranty

The vessel Kanchenjunga was chartered on the Exxonvoy form. The loading options permitted the charterers to load at one of two safe ports in the Arabian Gulf. On 20 November 1980 the charterers ordered the vessel to load at Kharg Island. Kharg Island was not a prospectively safe port at that time owning to air attacks by Iraq. However, the owners complied with the charterers’ order and did not reserve their right to treat the nomination as non-contractual. Moreover, when the vessel arrived at Kharg Island on 23 November she gave notice of readiness to load.