The University of Southampton
University of Southampton Institutional Repository

Contracts: time and voyage charterparties and their hybrid forms

Contracts: time and voyage charterparties and their hybrid forms
Contracts: time and voyage charterparties and their hybrid forms
The general approach of English contract law is generally to decline to define the contract for the parties: the parties are free to set out the terms of their contract as they wish, and the law is slow to modify their bargain by implying terms or obligations into it. Nevertheless, the law has developed to recognise two well-defined categories of charterparty to a degree where it is now difficult or even impossible to depart from that framework. There is recognition in literature that the time or voyage charterparty paradigm is not immutable; but courts, when offered the opportunity to recognise the sui generis character of a particular charterparty, have consistently declined to do so, reverting instead to the safe paradigm. This chapter considers the evidence for and against the existence of hybrid charterparties in practice, and concludes that the categories developed through practice have become so firm as to be immutable.
Edward Elgar
Hjalmarsson, Johanna
73a98539-9a14-4e63-bb53-5a7c365ad6e4
Chuah, Jason
Hjalmarsson, Johanna
73a98539-9a14-4e63-bb53-5a7c365ad6e4
Chuah, Jason

Hjalmarsson, Johanna (2019) Contracts: time and voyage charterparties and their hybrid forms. In, Chuah, Jason (ed.) Research Handbook in Maritime Law. Edward Elgar.

Record type: Book Section

Abstract

The general approach of English contract law is generally to decline to define the contract for the parties: the parties are free to set out the terms of their contract as they wish, and the law is slow to modify their bargain by implying terms or obligations into it. Nevertheless, the law has developed to recognise two well-defined categories of charterparty to a degree where it is now difficult or even impossible to depart from that framework. There is recognition in literature that the time or voyage charterparty paradigm is not immutable; but courts, when offered the opportunity to recognise the sui generis character of a particular charterparty, have consistently declined to do so, reverting instead to the safe paradigm. This chapter considers the evidence for and against the existence of hybrid charterparties in practice, and concludes that the categories developed through practice have become so firm as to be immutable.

Full text not available from this repository.

More information

Published date: 2019

Identifiers

Local EPrints ID: 426701
URI: https://eprints.soton.ac.uk/id/eprint/426701
PURE UUID: 4a6d6f5d-b5a8-40d2-9f32-421bc9811c06
ORCID for Johanna Hjalmarsson: ORCID iD orcid.org/0000-0002-7362-811X

Catalogue record

Date deposited: 10 Dec 2018 17:31
Last modified: 14 Mar 2019 01:42

Export record

Contributors

Editor: Jason Chuah

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 https://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.

×