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A dictionary did not resolve the point of interpretation either. The shorter Oxford English Dictionary defined “access” and “accessibility” as “way or means of approach” and “capable of being approached” respectively. But if regard were had to a wider selection of dictionaries, then capable of “use” or usability is found among the available meanings of accessibility. This, said the judge was material, as “use” can readily be interpreted as including departure. Hence, no definite conclusion could be drawn from the dictionaries.
'''Comment'''
Practitioners should note the difference between a warranty that the berth is "always accessible" and one that is "reachable on arrival". If the parties (especially the Charterers) are minded to limit the scope of the warranty, they should adopt the latter formulation.
