David R. Maass | Comment

This Comment defends the safe-berth warranty from its critics and argues that the Fifth Circuit should reverse course and adopt the safe-berth warranty. Part II provides an overview of the safe-berth warranty, unpacking the definition of a safe port and cataloging the defenses and mitigating doctrines that may allow the charterer to escape liability. Part III discusses how courts in England and the United States have applied the safe-berth warranty in a variety of situations that highlight different aspects of the warranty. Part IV surveys criticisms of the safe-berth warranty and explains why the Fifth Circuit rejected the warranty. Finally, Part V argues that the criticisms leveled against the safe-berth warranty fail and urges the Fifth Circuit to restore uniformity by adopting the safe-berth warranty.