Ships laden with cargo routinely call at intermediate ports for the purpose of
loading bunkers. If it is typical for a vessel in a particular trade, or of a particular
class, to call at a port for bunkering during the course of a voyage, than that port
becomes within the "usual and customary route", and will not amount to an
unreasonable deviation.
For example, shipowners met their burden in the English law case involving the
INDIAN CITY (1939 A.C. 562). In that case the vessel was deviated to
Constanza for bunkers, which added an additional 193 miles more than a direct
route to the port of discharge. The vessel grounded at Constanza and the owners
incurred general average sacrifices. The charterers refused to contribute into the
general average and contended that the call at Constanza was an unreasonable
deviation (thereby defeating owner's right to seek general average contributions).
The evidence revealed that this particular owner had made several previous
voyages for the charterer and, on all but one, the vessel bunkered at Constanza.
It was also understood that since bunkers were somewhat cheaper at Constanza
(as opposed to ports, more directly enroute), the owner of the vessel, as well as
many other shipowners, followed the same practice. The Court held that the
owners had sustained the burden of demonstrating the reasonableness of their
actions. |
发表于 2011-4-12 12:16
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