Category: Acquiring ownership in ships and the ship as property

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...

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...

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...

Ownership And Management 1. Registration Of Ships And Ownership Ship registration has two functions. The first concerns the public law character of ship registration. This includes: a) the right of a ship to fly the flag b) freedom of navigation in the high seas without interference from foreign ships c) the entitlement to protection by...