Shipping Lawyer Maritime Contract Law 1 — Questions and Answers
Question 1: Which document serves as both a receipt for cargo and a contract of carriage in maritime shipping?
- Bill of Lading (Correct answer)
- Charter Party
- Sea Waybill
- Manifest
Correct answer: Bill of Lading
A bill of lading functions as a receipt for goods, evidence of the contract of carriage, and a document of title.
Question 2: Under a voyage charter party, who is responsible for paying port disbursements and cargo handling costs?
- The shipowner (Correct answer)
- The charterer
- The cargo insurer
- The port authority
Correct answer: The shipowner
Under a voyage charter, the shipowner typically bears port costs and cargo handling unless the charter party expressly shifts these to the charterer.
Question 3: What clause in a charter party allows a shipowner to terminate the contract if the vessel is not ready by a specified date?
- Demurrage clause
- Cancelling clause (Correct answer)
- Force majeure clause
- Safe port clause
Correct answer: Cancelling clause
The cancelling clause gives the charterer (not the shipowner) the right to cancel if the vessel fails to arrive by the cancelling date.
Question 4: Which U.S. statute governs bills of lading for international cargo shipments from U.S. ports?
- Carmack Amendment
- Carriage of Goods by Sea Act (COGSA) (Correct answer)
- Shipping Act of 1984
- Jones Act
Correct answer: Carriage of Goods by Sea Act (COGSA)
COGSA, based on the Hague Rules, governs bills of lading for international cargo shipped to or from U.S. ports.
Question 5: What is 'laytime' in the context of a voyage charter party?
- Time allowed for vessel inspection
- Time allowed for loading and discharging cargo (Correct answer)
- Time a vessel spends at anchor
- Time for route planning
Correct answer: Time allowed for loading and discharging cargo
Laytime is the period allowed under the charter party for the charterer to load or discharge cargo without incurring demurrage.
Question 6: Which type of charter party transfers possession and control of the vessel to the charterer?
- Voyage charter
- Time charter
- Bareboat (demise) charter (Correct answer)
- Slot charter
Correct answer: Bareboat (demise) charter
A bareboat or demise charter transfers possession and operational control of the vessel to the charterer, who becomes the disponent owner.
Which document serves as both a receipt for cargo and a contract of carriage in maritime shipping?