Maritime Contracts and Charter Parties Flashcards
6 cards from real Maritime Law practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Maritime Contracts and Charter Parties flashcards as text
The doctrine of 'safe port' obliges the charterer to nominate ports where:
Answer: The vessel can arrive, load/discharge, and depart without avoidable danger
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.
The 'cesser clause' in a voyage charter relieves the charterer of liability once cargo is loaded in exchange for:
Answer: A lien on the cargo in favor of the shipowner
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.
The 'Jason clause' in a bill of lading or charter party is relevant to which maritime concept?
Answer: General average contribution when negligent navigation caused the casualty
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.
Under English and U.S. law, 'dead freight' is the compensation paid by a charterer when:
Answer: The charterer fails to provide the agreed quantity of cargo
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.
The 'New Jason Clause' modernized the original Jason clause primarily by:
Answer: Covering general average even for unseaworthiness unknown to the owner
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.
Under U.S. law, a shipbroker who negotiates a charter party on behalf of a principal is generally entitled to commission from:
Answer: The party who employed the broker unless the charter provides otherwise
Commission entitlement in maritime brokerage follows the employment relationship — the broker is paid by the party who retained them, though charter parties often specify the commission arrangement explicitly.