LEEDS SHIPPING COMPANY, LTD. v. SOCIETE FRANCAISE BUNGE

[1958] 2 Lloyd's Rep. 127

COURT OF APPEAL.

Before Lord Justice Hodson, Lord Justice Romer and Lord Justice Sellers, sitting with Commodore T. L. Owen, and Captain G. E. Barnard, Nautical Assessors.

Charter-party - "Safe ports in Morocco" - Port unsafe in certain unpredictable weather conditions - Grounding of vessel while attempting to leave port during such weather conditions - Claim by shipowners alleging that port was not a safe port - Whether master voluntarily assumed risk - Alleged negligence of master - Causation - Liability of charterers - Appeal - Motion to adduce fresh evidence. Damages - Clause in charter-party limiting damages to amount of freight - Enforceability.