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Off-Hire in Merchant Shipping: Law and Practice

Off-Hire in Merchant Shipping: Law and Practice, 1st edition (c) 2026

Page 130

CHAPTER 9

Default of men or neglect of duty

Compared with the NYPE 1946, in the ASBATime (NYPE1981) form, the first sentence “deficiency of men” was replaced with “deficiency and/or default of officers or crew.” It is suggested that this additional wording is of limited weight and certainly not decisive in itself but is a pointer toward a narrow construction of “default of men,” consistent with the history of the clause and the mischief at which it is aimed. In The Saldanha,1 the charterers argued that the plain meaning of “default of men” included the master, officers, and crews who failed to perform their duty to adopt sufficient anti-piracy measures; the failure was directly causative of the vessel being detained. The Court and tribunal accepted that “default” was possible to include negligence or failure of the duties of the master, officers, and crews. However, the wording “default and/or deficiency of men” would be restricted to the number of crews.2

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