The conclusion of the contract of berth and custody of the vessel by implied consent : [court's decision review]

Sa？etak It may not be supposed that the contract of deposit was concluded – as claimed by the plaintiff – by implied consent of the plaintiff, who did not take over the vessel after a set time limit, and the defendant, who moved the vessel to another berth. The defendant’s behaviour and request to the plaintiff to take over the vessel, as well as moving the vessel to another, less safe berth after the plaintiff had failed to take over the vessel within the set time limit, showed no elements of readiness for concluding the contract of the custody of the vessel. Lack of readiness on the part of the defendant to conclude the contract of deposit implies that the parties have not concluded the contract of the custody of the plaintiff’s vessel