本文讲的是安全港口概念，“…(安全港口)这个概念应该是简单的,但不幸的是它非常简单,导致大量的决定这一次筹集了很多质疑的确切意义和程度上安全”的承诺,是该声明由Roskill LJ在Unitramp v Garnac谷物有限公司(“Hermine”)[1979] 1劳合社众议员212,214 (Roskill LJ)对于船舶来说，关于港口安全的经典定义是船舶是否能够在适当的时间到达港口，并且利用港口，并且在危险最小的情况下返回。本篇澳洲代写价格文章由澳洲论文通AssignmentPass辅导网整理，供大家参考阅读。
“…this concept [of safe port] should be simple, but unfortunately its very simplicity has led to a multitude of decisions which at one time raised considerable doubt as to the exact meaning and extent of the promise of safety”, was the statement made by Roskill LJ in Unitramp v Garnac Grain Co Inc (“The Hermine”) [1979] 1 Lloyd’s Rep. 212, 214 (Roskill LJ)
The classic definition with respect to the safety of a port with respect to a ship is that of whether the ship can reach the port in a proper time and make use of the port and also return back with least exposure to danger.
The safe port promise is considered akin to a warranty or a contractual promise (Girvin, 2017). This form of usage as mentioned by Lord Roskill is very misleading. To understand this, first consider how the safe port promise is created. In its creation, as presented by Lord Clarke, it is the information given to owner where owner can reasonably conclude that the port is safe and is risk free. An implied safe port need not include extended ports, which then makes the original definition rather simple but not too specific. The definition can only be considered based on context.
Secondly, there is what is called the ambit of the promise. According to the ambit of the promise, only safe passage from and to port is guaranteed. There are many other risks that could potentially be encountered on the way, such as that of ice end route. There are some exceptional risks with respect to the open sea as observed in the case of Palace Shipping Co v Gans SS Line [1916] 1KB 138. A simple definition could be useful for understanding how safe ports exist, but it cannot be said to be useful for all case situations. In fact it introduces amplitude of understandings that can potentially interfere with liability proceedings.
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