We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
JEDAN PROPUST U PLAĆANJU VOZARINE DAJE PRAVO BRODARU NA RASKID BRODARSKOG UGOVORA NA VRIJEME I NAKNADU ŠTETE.
- Authors
TASIĆ, ZORAN
- Abstract
The charterer failed to pay hire in accordance with the terms of the time-charterparty. The shipowner has terminated the charter and demanded damages in the amounts due for the remaining period of the charter. In arbitration the arbitrators decided that pursuant to English law a single failure to pay hire should not entitle the shipowner to terminate the charter and claim damages. However, since there were several defaults by the charterer which all contributed towards a repudiatory breach of the charter, the shipowner was entitled to terminate the charter and claim damages. The judge, acting upon appeal, has agreed with the arbitrators on the repudiatory breach, however he has also decided that one failure in payment of charterhire does entitle the shipowner to terminate the charter and demand damages. This decision creates a new approach in English law, especially if confirmed by the higher courts on appeal.
- Subjects
DAMAGE claims; LEGAL status of shipowners; CHARTER-parties (Contracts); MARITIME contracts; CHARTERING
- Publication
Comparative Maritime Law / Poredbeno Pomorsko Pravo, 2013, Vol 52, Issue 167, p227
- ISSN
1331-9914
- Publication type
Article