Charter-party


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CHARTER-PARTY, contracts. A contract of affreightment in writing, by which the owner of a ship or other vessel lets the whole, or a part of her, to a merchant or other person for the conveyance of goods, on a particular voyage, in consideration of the payment of freight. This term is derived from the fact, that the contract which bears this name, was formerly written on a card, and afterwards the card was cut into two parts from top to bottom, and one part was delivered to each of the parties, which was produced when required, and by this means counterfeits were prevented.
     2. This instrument ought to contain, 1. the name and tonnage of the vessel; 2. the name of the captain; 3. the names of the letter to freight and the freighter; 4. the place and time agreed upon for the loading and discharge; 5. the price of the freight; 6. the demurrage or indemnity in case of delay; 7. such other conditions as the parties may agree upon. Abbott on Ship. pt. 3, c. 1, s. 1 to 6; Poth. h.t. n. 4; Pardessus, Dr. Coin. pt. 4, t. 4, c. 1, n. 708.
     3. When a ship is chartered, this instrument serves to authenticate many of the facts on which the proof of her neutrality must rest, law. He must not leave his master's service during the term of the apprenticeship. The apprentice is entitled to payment for extraordinary services, when promised by the master; 1 Penn. Law Jour. 368. See 1 Whart. 113; and even when no express promise has been made, under peculiar circumstances. 2 Cranch, 240, 270; 3 Rob. Ad. Rep. 237; but see 1 Whart, 113. See generally, 2 Kent, Com. 211-214; Bac. Ab. Master and Servant; 1 Saund. R. 313, n. 1, 2, 3, and 4; 3 Rawle, R. 307 3 Vin. Ab. 19; 1 Bohip and Shipping, iv.

References in periodicals archive ?
On September 3, the laytime under the charter-party expired and the use of the vessel began to be charged on the demurrage rate.
The terms of the charter-party provided a one-half reduction with respect to laytime or demurrage, as applicable, in the event of force majeure:
At trial, the Queen's Bench Division (Commercial Court) held that the charter-party required Trafigura to pay the full demurrage rate from the time the laytime expired on September 3 until September 7 when navy personnel boarded Crude Sky and the 'restraint of princes' provision reduced the demurrage rate to one-half.
98) In looking at the charter-party between Trafigura and the Great Elephant Corporation, Lord Longmore observed that despite a general exceptions clause in the agreement, force majeure was specifically catered to in relation to demurrage.
Lord Longmore found that the charter-party was intended to make Trafigura bear responsibility to the ship-owner for anything that went wrong with the loading operation for any reason, which included the work of its servants or agents.
This provision imposed the additional requirement that the event must be unforeseeable unlike the charter-party that simply required the event to be beyond reasonable control.
36) He concluded that the guarantee was a part of the charter-party and that there had been agreement evidenced in the email exchange.

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