Borvigilant, owners of the Ship v Romina G, owners of the Ship [2003] EWCA Civ 935 (08 July 2003)

Borvigilant, owners of the Ship v Romina G, owners of the Ship [2003] EWCA Civ 935 (08 July 2003)

NIOC acted as agent for Borkan in contracting with Monsoon via the tug requisition form, conferring benefit and binding Borkan to the contract terms; alternatively, Borkan ratified the contract by subsequent acts. Borkan is entitled to rely on the contract terms for exemption and indemnity unless loss was caused by want of reasonable care to make the tug seaworthy.

Citation
[2003] EWCA Civ 935
Parties
Claimant/respondent: The Owners of the Ship 'BORVIGILANT' (Borkan General Trading); Defendant/appellant: The Owners of the Ship 'ROMINA G' (Monsoon Shipping Limited)
Jurisdiction
England and Wales
Judgment Date
08 July 2003
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Towage Contracts, Third Party Rights, Ratification, Implied Authority, Himalaya Clauses, Indemnity, Exemption Clauses
Maritime Law Contract Law Agency Law Tort Law Towage Contracts Third Party Rights Ratification Implied Authority +3 more

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Parties

The Owners of the Ship 'BORVIGILANT' (Borkan General Trading)

Claimant/respondent

The Owners of the Ship 'ROMINA G' (Monsoon Shipping Limited)

Defendant/appellant

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Borkan is entitled to rely upon and take the benefit of the conditions contained in the 'Tug Requisition Form' and/or the 'Conditions of Use of the Terminal of Kharg' signed by the Master of ROMINA G
  2. 2 Whether Borkan is exempt from liability for losses claimed by Monsoon if collision was caused by Borkan's negligence
  3. 3 Whether Monsoon is liable for losses claimed by Borkan arising out of the collision

Ratio Decidendi

NIOC acted as agent for Borkan in contracting with Monsoon via the tug requisition form, conferring benefit and binding Borkan to the contract terms; alternatively, Borkan ratified the contract by subsequent acts. Borkan is entitled to rely on the contract terms for exemption and indemnity unless loss was caused by want of reasonable care to make the tug seaworthy.

Court Disposition

appeal dismissed

Orders

  • Borkan entitled to rely on tug requisition form terms for exemption and indemnity unless loss caused by want of reasonable care to make tug seaworthy
  • Monsoon's claims against Borkan subject to contract terms