Maritime Law Maritime Contracts and Charter Parties 3

Question 1

The doctrine of 'safe port' obliges the charterer to nominate ports where:

Accepted Answer

The vessel can arrive, load/discharge, and depart without avoidable danger

Answer

Under The Eastern City and subsequent decisions, a charterer's safe port warranty requires that a nominated port be one where the vessel can reach, use, and return from without avoidable danger in the normal course of events.

Question 2

The 'cesser clause' in a voyage charter relieves the charterer of liability once cargo is loaded in exchange for:

Accepted Answer

A lien on the cargo in favor of the shipowner

Answer

A cesser clause states that the charterer's liability ceases upon shipment of the cargo, provided the owner has a lien on the cargo for freight, demurrage, and dead freight.

Question 3

The 'Jason clause' in a bill of lading or charter party is relevant to which maritime concept?

Accepted Answer

General average contribution when negligent navigation caused the casualty

Answer

The Jason clause preserves the shipowner's right to claim general average contributions from cargo interests even where the casualty was caused by the carrier's negligent navigation, circumventing the rule that precludes GA from a wrongdoer.

Question 4

Under English and U.S. law, 'dead freight' is the compensation paid by a charterer when:

Accepted Answer

The charterer fails to provide the agreed quantity of cargo

Answer

Dead freight is damages paid by the charterer to the owner for the freight that would have been earned on the unfilled portion of the ship's contracted cargo capacity.

Question 5

The 'New Jason Clause' modernized the original Jason clause primarily by:

Accepted Answer

Covering general average even for unseaworthiness unknown to the owner

Answer

The New Jason Clause extends GA rights to situations where the casualty arose from unseaworthiness that the owner could not discover with due diligence, addressing gaps left by the original clause.

Maritime Law Practice Test

Maritime Law Practice Test

Maritime Law Maritime Contracts and Charter Parties 3