Question
a)Owners of a vessel African Sunshine entered into contract with the tug company African Strength to tow African Sunshine on a round voyage. African Strength
a)Owners of a vessel African Sunshine entered into contract with the tug company African Strength to tow African Sunshine on a round voyage. African Strength got another tug to assist in the towing. Both tugs lost their hawsers during the tow. African Sunshine could not make her way out of the bay, and the tugs left her there. Three days later, still unable to get out, the African Sunshine drifted onto the rocks and became a constructive total loss. However, there was a very wide exception clause under the contract that protects the tug for damage done by reasons of the default of the tug owner. When African Sunshine owners brought an action for loss of their vessels, the tug owners pleaded the exception clause under the contract. Advise the owners of African Sunshine. (5 Marks)
(b) Subsequent to a collision with another vessel near the approach to the harbor, the African Blue Moon sank and she became an obstruction to navigation. There was no evidence of negligence on her part and her owners gave notice of abandonment to their underwriters and to the harbor authorities. The harbor authorities acting under their statutory duty took possession of the wreck, destroyed it by explosives, and sold part of her cargo that had been raised. After deducting the proceeds of the cargo from the expenses, they sued the owners of the African Blue Moon for the balance of the expenses incurred. Advice the owners of the African Blue Moon.
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