The University of Southampton
University of Southampton Institutional Repository

Frustration of contracts of affreightment in the event of capture of merchant ships by pirates in waters off Somalia

Frustration of contracts of affreightment in the event of capture of merchant ships by pirates in waters off Somalia
Frustration of contracts of affreightment in the event of capture of merchant ships by pirates in waters off Somalia
This thesis examines the application of the doctrine of frustration under the English private law of contracts to situations of capture of merchant ships for ransom by pirates operating according to the model which has developed in recent years off the coast of Somalia. The examination is centred on the question whether and how contracts of affreightment (or carriage of goods by sea) (including time and voyage charters as well as bills of lading) which may have been concluded by a captured ship would be terminated in the event of capture pursuant to the doctrine. The thesis analyses the wording of standard carriage contract forms and clauses, as well as the provisions of relevant international conventions and statutes, which could deal with the standing of contracts following a capture.
The outcome of the research is that standard contract and clauses often leave the question of the fate of the contract in the event of capture untouched with the result that the doctrine of frustration may apply by default. The contract will only be terminated, however, if an elaborately long detention of the vessel is anticipated, or the prospects of recovery, either against payment of a ransom or through forceful repossession, are very weak.
The thesis equally considers the application of the concept of self-induced frustration by taking several examples of actions or default by one of the parties to the contract of carriage which may have led to or exacerbated the capture scenario. The main findings are that it will usually be difficult to establish self-induced frustration in the event of capture.
An analysis is also made of the application of the concepts of actual and constructive total loss under English marine insurance law to a ship that has been captured by pirates according to the same model of operation.
The consequences of termination of the contract are not discussed in this thesis.
Fakhry, Aref
b25f5e96-952a-4553-a348-9c1c7ceafbaa
Fakhry, Aref
b25f5e96-952a-4553-a348-9c1c7ceafbaa
Staniland, Hilton
d4fb0241-7fe4-41cc-ab38-07c8506d74cb

(2013) Frustration of contracts of affreightment in the event of capture of merchant ships by pirates in waters off Somalia. University of Southampton, School of Law, Doctoral Thesis, 273pp.

Record type: Thesis (Doctoral)

Abstract

This thesis examines the application of the doctrine of frustration under the English private law of contracts to situations of capture of merchant ships for ransom by pirates operating according to the model which has developed in recent years off the coast of Somalia. The examination is centred on the question whether and how contracts of affreightment (or carriage of goods by sea) (including time and voyage charters as well as bills of lading) which may have been concluded by a captured ship would be terminated in the event of capture pursuant to the doctrine. The thesis analyses the wording of standard carriage contract forms and clauses, as well as the provisions of relevant international conventions and statutes, which could deal with the standing of contracts following a capture.
The outcome of the research is that standard contract and clauses often leave the question of the fate of the contract in the event of capture untouched with the result that the doctrine of frustration may apply by default. The contract will only be terminated, however, if an elaborately long detention of the vessel is anticipated, or the prospects of recovery, either against payment of a ransom or through forceful repossession, are very weak.
The thesis equally considers the application of the concept of self-induced frustration by taking several examples of actions or default by one of the parties to the contract of carriage which may have led to or exacerbated the capture scenario. The main findings are that it will usually be difficult to establish self-induced frustration in the event of capture.
An analysis is also made of the application of the concepts of actual and constructive total loss under English marine insurance law to a ship that has been captured by pirates according to the same model of operation.
The consequences of termination of the contract are not discussed in this thesis.

PDF
__soton.ac.uk_ude_PersonalFiles_Users_slb1_mydocuments_Aref Fakhry - final PhD thesis.pdf - Other
Download (2MB)

More information

Published date: November 2013
Organisations: University of Southampton, Southampton Law School

Identifiers

Local EPrints ID: 364319
URI: http://eprints.soton.ac.uk/id/eprint/364319
PURE UUID: 8f1c187a-ba5f-45f1-887a-4ced1c2b087e

Catalogue record

Date deposited: 09 Jun 2014 09:15
Last modified: 18 Jul 2017 02:32

Export record

Contributors

Author: Aref Fakhry
Thesis advisor: Hilton Staniland

University divisions

Download statistics

Downloads from ePrints over the past year. Other digital versions may also be available to download e.g. from the publisher's website.

View more statistics

Atom RSS 1.0 RSS 2.0

Contact ePrints Soton: eprints@soton.ac.uk

ePrints Soton supports OAI 2.0 with a base URL of http://eprints.soton.ac.uk/cgi/oai2

This repository has been built using EPrints software, developed at the University of Southampton, but available to everyone to use.

We use cookies to ensure that we give you the best experience on our website. If you continue without changing your settings, we will assume that you are happy to receive cookies on the University of Southampton website.

×