Category: Contracts of affreightment and voyage charter parties

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...

Laytime And Demurrage 1. Notice Of Readiness I: An Arrived Ship Unless the charter party contains special provision to the contrary notice of readiness (hereafter referred to as NOR) may only be given when the ship is ‘an arrived ship’. In the case of a berth charter party (e.g. one that calls for the shipowner...

Voyage charter parties 1. Shipowner’s Obligations As To The Ship To Be Provided Under The Charter Party A voyage charterparty will contain a number of statements about the characteristics of the ship. In most cases, these statements are considered to be terms of the charter party, not mere representations. When such a term is breached, the...

Owner’s Implied Obligations III – The Duty Not To Deviate From The Agreed Voyage 1. Establishing the contractual route At common law, there is an implied obligation to proceed by the usual and reasonable route, which is prima facie the direct geographical route (The Nour). As part of the general obligation to proceed with reasonable...

Owner’s Implied Obligations II – The Duty To Provide A Seaworthy Ship Meaning of seaworthiness A ship is not seaworthy unless she has that degree of fitness to encounter the ordinary risks of the voyage that an ordinary careful and prudent owner would require at the commencement of the voyage, and is similarly fit for...

Owner’s implied obligations I – general principles> Liability Of Sea Carriers At Common Law Liability of common carriers In the case of Forward v Pittard, it was noted that the fire started accidentally, away from the goods in the carrier’s care and that the carrier was not negligent. However, being a common carrier, he was liable...