Dissertation > Excellent graduate degree dissertation topics show

The Off-hire Clause in Time Charter

Author: JiangZuoYuan
Tutor: WangXin
School: Dalian Maritime University
Course: International Law
Keywords: Off-hire Allocation of risks NYPE’46 Implied indemnity
CLC: D996.19
Type: Master's thesis
Year: 2008
Downloads: 162
Quote: 1
Read: Download Dissertation

Abstract


The off-hire clause is an important clause in the Time Charter n she cuts off the charterers’ obligation to pay hire to owrs continuously in some special conditions, so it is necessary to construe this clause correctly and properly.English law is basic and useful for settling the off-hire dispution in the Time Charter because almost all of the CP fixed the English law to be applied. In the article, the writer analyses the concerned peoblem of off-hire clause and the relationship between the off-hire clause and other clauses in the CP, and hope there is some use for reference for the Owners and Charterers’ negotiation CP terms to avoiding any disputation in the future.Primarily, the article expatiates the off-hire clause and the essential to fix it in the CP. Meantime,it describes the way to pay hire under the CP n the hire must be paid punctualy and adequately. And then analyses the property of the off-hire clause, that is to say, it allocates the risk between the Owners and Charterers; besides, it is no-fault provision and totally different from the matter of a breach of contract by either party; moreover, the off-hire clause still applies when it conflicts with the exception clause although it is one kind of exception clause. Chapter 2 emphasis on the construction and exertion of the off-hire clause. In practice, the arguments always concerne on the construction of off-hire clause. Herein, we need to analyze "the service Charterer needed", "the third party intervention and the application of whatsoever" and "the cause of preventing vessel’s full working" on the basis of some cases. In addition, in order to trigger the off-hire clause, three necesssary conditions must be met; and refer to the calculation of off-hire time, it relates with the off-hire clause is net loss of time clause or period off-hire clause, and there are different opinions about it under the common law. Further more, charterers can not deduct the off-hire amount from the due hire awkwardly. Although it tends to make some change on the off-hire clause, it always bases on the standard CP, so we need to make clear the off-hire clauses in the NYPE’46, NYPE’93, Baltime, Shelltime and Chinese Marine Law in the Chapter 3. Chapter 4 starts with the scope of Charterers’orders and directions to discussing the implied indemnity under the employment and indemnity clause, it also introduces the Rider Clause of the CP which acts as supplement for the off-hire clause. Finally, Chapter 5 makes the conclusion for this article.

Related Dissertations

  1. The Legal Issues with Reference to the Off Hire Clause under the Time Charter Party of NYPE Form,D912.29
  2. On the off-hire clause in the lease,D922.294
  3. A Study on the Transfer of Rights in Rotterdam Rules,D996.19
  4. About the Legal Effect of Marine Shipment Insurance,D996.19
  5. Study on the Procedure of Limitation of Liability for Maritime Claims,D996.19
  6. The Legal Questions of the Arrest of Seagoing Ships Research,D996.19
  7. Studies on the Actual Carrier,D996.19
  8. The burden of proof of the maritime law of the bill of lading carrier,D996.19
  9. Study of Convention on Arrest of Ships 1999,D996.19
  10. The Study of Offshore Drilling Units Insurance,D996.19
  11. Deviation Legal Issues,D996.19
  12. Study of the Period of Responsibility of a Carrier under the Carriage of Goods by Sea,D996.19
  13. The Comparative Research on Right of Suit Against Carrier Enjoyed by the Parties Attached to the Rights under the Carriage of Goods by Sea,D996.19
  14. A Comparative Study between Chinese Antidumping Law and International Antidumping Law,D996.19
  15. Legal Problems of delivery of goods without,D996.19
  16. The Legal Status of Masters in Maritime Law and Correlative Legislative Proposals,D996.19
  17. On the bill of lading the new development,D996.19
  18. On the nature of the pirates ransom and risk issues,D996.19
  19. On the \,D996.19
  20. On the carrier's bill of lading Disclaimer,D996.19

CLC: > Political, legal > Legal > International law > International Economic Law > International Business Law ( International Trade Law ) > Maritime
© 2012 www.DissertationTopic.Net  Mobile