Territorial sea 1. Concept of a territorial sea The concept of a territorial sea has a long history. Those who opposed the idea of a closed sea (mare clausum) in the sixteenth and seventeenth centuries did so relying on, inter alia, the argument that states should not be allowed to claim sovereign rights over a...
October 23, 2024
Author: Tan Pui Yen
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April 26, 2022July 25, 2022Acquiring ownership in ships and the ship as property, Admiralty Law
Ship Sale and Purchase
Ship sale and purchase 1. Negotiations stage and binding contract During the negotiations the parties owe no duty to make full disclosure of their position to the other party under English law, but they must not misrepresent facts to induce the contract. The parties must express their intention clearly to prevent an ambiguous contract which...
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April 26, 2022July 25, 2022Acquiring ownership in ships and the ship as property, Admiralty Law
Shipbuilding Contracts
Shipbuilding contracts 1. The contract The negotiations leading up to the contract formation are significant in ensuring what the parties want. The parties must not misrepresent their position in order to induce the contract. There are statutory remedies for misrepresentation (s.2 of the Misrepresentation Act 1967). To have a binding contract there must be an...
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April 26, 2022July 25, 2022Acquiring ownership in ships and the ship as property, Admiralty Law
Ship Mortgages
Ship Mortgages 1. Nature Of A Ship Mortgage The nature of a ship mortgage is statutory under most legal systems. Under English law it is governed by the statutory provisions of the Merchant Shipping Act 1995, Schedule 1, and the accompanying Merchant Shipping (Registration of Ships) Regulations 1993. The registration of a ship mortgage under...
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April 26, 2022July 25, 2022Law of The carriage of Goods by Sea, Time charter parties
Charter Period and Redelivery
Charter Period And Redelivery 1. Charter Periods And Tolerances The most straight forward type of time charter is for a period defined by reference to the calendar (e.g. ‘90 days’, ‘six months’). These are commonly qualified by use of the word ‘about’. See, for example, The Peonia, where it was accepted that this would cover...
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April 26, 2022July 25, 2022Law of The carriage of Goods by Sea, Time charter parties
Nature of Time Charters, Description of Ship, Delivery Date and Cancelling Clauses
Nature of time charters, description of ship, delivery date and cancelling clauses 1. Nature of time charters In the classic phraseology, ‘the Owners agree to let and the Charterers agree to hire the vessel from the time of delivery for a period of’ (see NYPE 93 and NYPE 2015, clause 1). Except in a demise...
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April 26, 2022July 25, 2022Contracts of affreightment and voyage charter parties, Law of The carriage of Goods by Sea
Freight
Freight 1. Delivery freight By the rule in Dakin v Oxley, freight is payable on the cargo delivered, even though it is not the whole of the cargo shipped, and even though the cargo is in a damaged condition. A claim for damage to the cargo cannot be asserted by way of set-off against the...
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April 26, 2022July 25, 2022Marine Insurance Law, The contract of marine insurance
Change of Voyage, Deviation and Delay
Change Of Voyage, Deviation And Delay 1. Attachment Of Risk, Change Of Voyage And Deviation Section 45 MIA provides as follows:- (1) Where, after the commencement of the risk, the destination of the ship is voluntarily changed from the destination contemplated by the policy, there is said to be a change of voyage. (2) Unless...
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April 26, 2022July 25, 2022Marine Insurance Law, The contract of marine insurance
Duration of Risk : Time Policies and Voyage Policies
Duration of Risk : Time Policies And Voyage Policies 1. Time and Voyage Policies Defined Section 25 MIA provides as follows:- (1) Where the contract is to insure the subject-matter “at and from,” or from one place to another or others, the policy is called a “voyage policy,” and where the contract is to insure...
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April 26, 2022July 25, 2022Marine Insurance Law, The contract of marine insurance
Floating Policies & Open Covers
Floating Policies & Open Covers 1. Floating Policies Section 29 MIA provides as follows:- (1) A floating policy is a policy which describes the insurance in general terms, and leaves the name of the ship or ships and other particulars to be defined by subsequent declaration. (2) The subsequent declaration or declarations may be made...