Charterparties often contain clauses allowing the owner to ignore the charterer's orders and deviate from the contractual route. These clauses are fully effective under English law, whether or not the Hague-Visby Rules apply to the contract. This essay will describe the most authorative cases and the current legal situation in a concise manner.
Inhaltsverzeichnis (Table of Contents)
- Introduction
- Situation in case of explicit incorporation of only the Hague-Visby Rules in the charterparty
- Situation in case of an explicit deviation clause
- Conclusion
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This essay aims to analyze the legal effectiveness of clauses allowing ship owners to deviate from the contract route in charterparties under English law, regardless of whether the Hague-Visby Rules apply. The essay will explore authoritative cases and current legal situations regarding deviations, both in scenarios where the Hague-Visby Rules are the sole governing instrument and when specific deviation clauses are included in the contract.
- Legal effectiveness of deviation clauses in charterparties under English law.
- Application of the Hague-Visby Rules in relation to deviation.
- Scope of "reasonable deviation" and its interpretation in case law.
- Impact of express liberty clauses on the rights and obligations of ship owners and charterers.
- Practical implications of deviation clauses in contemporary maritime commercial practice.
Zusammenfassung der Kapitel (Chapter Summaries)
- Introduction: This chapter introduces the concept of deviation in charterparties and outlines the two primary situations where the issue of justified or unjustified deviation arises.
- Situation in case of explicit incorporation of only the Hague-Visby Rules in the charterparty: This chapter discusses the application of the Hague-Visby Rules regarding deviation, focusing on the concept of "reasonable deviation" and its interpretation in relevant case law. It analyzes the duty of the ship owner to proceed without unnecessary deviation and examines the factors considered in determining what constitutes a reasonable deviation.
- Situation in case of an explicit deviation clause: This chapter explores the legal implications of express deviation clauses in charterparties, examining their impact on the scope of permissible deviation and the rights of both ship owners and charterers. It analyzes the interplay between the Hague-Visby Rules and deviation clauses, the role of case law in interpreting such clauses, and the practical implications for maritime commercial practice.
Schlüsselwörter (Keywords)
This essay focuses on the legal aspects of deviation in maritime contracts, specifically charterparties. Key terms and concepts include: deviation clauses, Hague-Visby Rules, reasonable deviation, liberty clauses, ship owner, charterer, contract voyage, case law, commercial practice, BIMCO clauses, and legal interpretation.
- Citation du texte
- Melchior Schellinck (Auteur), 2011, Liberty clauses concerning deviation in charterparties - a concise overview, Munich, GRIN Verlag, https://www.grin.com/document/164654
