Charter Party - Law Dictionary Search Results
Home Dictionary Name: charter partyCharter-party
Charter-party [fr. Charta partita, Lat., a divided charter; charte partie, Fr.]. When notaries were less common there was only one instrument made for both parties; this they cut in two, and give each his portion; an agreement in writing by which a ship owners agrees to let an entire ship, or part thereof, to a merchant, for the carriage of goods on a specified voyage, or during a specified period, for a sum of money which the merchant agrees to pay as freight for their carriage. By such an agreement the ship is said to be chartered to the merchant, who is called the charter. There are certain terms usually to be found in all charter-parties, e.g., a statement of the burthen of the ship, an undertaking by the ship-owner that the ship, being seaworthy and furnished with necessaries, shall be ready by a certain day to receive the cargo, shall sail when loaded, and deliver her cargo at her port of destination (the act of God or the King's enemies excepted), the charterer undertaking to lo...
Time Charter-party
Time Charter-party, a time charter, is 'one in which the ownership and also possession of the ship remain in the original owner whose remuneration or hire is generally calculated at a monthly rate on the tonnage of the ship, while a voyage charter is a contract to carry specified goods on a defined voyage on a remuneration or freight usually calculated according to the quantity of cargo carried'. In Carver's Carriage by Sea, it is stated that 'all charter-parties are not contracts of carriage. Sometimes the ship itself, and the control over her working and navigation, are transferred for the time being to the persons who use her. In such cases the contract is really one of letting the ship, and, subject to the express terms of the charter-party, the liabilities of the ship owner and the charterers to one another are to be determined by the law which relates to the hiring of chattels, and not by reference to the liabilities of carriers and shippers'. According to Scrutton on Charter-par...
Voyage charter-party, time charter party
Voyage charter-party, time charter party, it is a contract by which an entire ship or some principal part thereof is let to a merchant who is called the charterer, for the conveyance of goods on a determined voyage to one or more places, or until the expiration of a specified period; in the former case it is called a 'voyage charter-party', and in the latter a 'time charter-party', Union of India v. Gosalia Shipping (P) Ltd., (1978) 3 SCC 23 (29): AIR 1978 SC 1196....
charter party
charter party : charter ...
charter
charter [Old French chartre letter, formal document, from Late Latin chartula, from Latin, diminutive of charta sheet of papyrus] 1 a : a grant or guarantee of rights, powers, or privileges from an authority or agency of a state or country [a state bank ] compare constitution b : a written instrument that creates and defines the powers and privileges of a city, educational institution, or corporation compare articles of incorporation 2 : a written instrument from the authorities of a society creating a lodge, branch, or chapter 3 : a lease of a ship esp. for the delivery of cargo called also charter party vt 1 : to establish, enable, or convey by charter [ a bank] 2 : to lease or hire for usually exclusive and temporary use [ a ship] ...
Ship's papers
Ship's papers, documents required for the manifes-tation of the property of the ship and cargo, etc. See a list of them in Form No. 17, Appx. K, of the Rules of the Supreme Court, 1883.They are of two sorts: (1) those required by the law of a particular country, as the certificate of registry, licence, charter-party, bills of lading and of health, required by the law of England to be onboard all British ships; (2) those required by the law of nations to be onboard neutral ships, to vindicate their title to that character; they are the passport, sea-brief, or sea-letter, proofs of property, the muster-roll, or role d'equipage; the charter-party, the bills of lading and invoices, the log-book or ship's journal, and the bill of health, 1 Marshall on Insur., c. 9, s. 6....
Broker
Broker [fr. broceur, Fr., a person who breaks into small pieces], (1) an agent employed to make bargains and contracts between other persons in matters of trade, commerce and navigation, by explaining the intentions of both parties, and negotiating in such a manner as to put those who employ him in a condition to treat together personally; (2) and, more commonly, an agent employed by one party only to make a binding contract with another.There are various sorts of brokers now employed in commercial affairs, whose transactions form, or may form, a distinct and independent business. Thus, for example, there are exchange and money-brokers, stock-brokers, ship-brokers, and insurance-brokers, who are respectively employed in buying and selling bills of exchange, or promissory notes, railway scrip, goods, stocks, ships, or cargoes; or in procuring freights or charter-parties. By custom or usage brokers may become personally liable on contracts made by them on behalf of principals where the p...
Demurrage
Demurrage, a term used in commercial navigation, signifying on allowance made to the owners of a ship by the freighter, for detaining her in port longer than the period agreed upon for her sailing. It is usually stipulated in charter-parties and bills of lading, that a certain number of days, called running or working or lay days, shall be allowed for receiving or discharging the cargo, and that the freighter may detain the vessel for a further specified time, or as long as he pleases, on payment of so much per diem for such overtime. When the contract of affreightment expressly stipulates that so many days shall be allowed for discharging or receiving the cargo, and so many more for overtime or demurrage days, such limitation is interpreted as an express stipulation on the part of the freighter that the vessel shall in no event be detained longer; if detained the charterer, is liable for damages for breach of contract for which the rate of demurrage is generally the measure. This hold...
Freight
Freight, the sum paid by a merchant or other person chartering a ship or part of a ship, or sending goods in a general ship, for the use of such ship or part, or the conveyance of such goods during a specified voyage or for a specified time. The freight is most commonly fixed by the charter-party, or bill of lading, but in the absence of any formal stipulation on the subject it would be due according to the custom or usage of trade. In the absence of an express contact to the contrary, the entire freight is not earned until the whole cargo be ready for delivery, or has been delivered to the consignee, according to the contract for its conveyance.1. Goods transported by water, land or air 2. Compensation paid to carrier for transporting goods, Black's Law Dictionary, 7th Edn., p. 677.Dead freight is the freight agreed to be paid in respect of any part of the cargo which was contracted to be carried and through any fault of the consignor has not been carried.As to the shipowners' lien fo...
Other
Other, in a charter-party, it was provided that the owners were liable to pay for 'port charges, pilotages, and other expenses at those ports'. The expression 'other expenses' must be construed ejusdem generis; so that the owners did not have to pay for coals which the charters by a previous clause have undertaken to provide and pay for, The Durham City, 58 LT 46.Other, must mean 'some other person' than the trustee deceased or going abroad or retiring or refusing or becoming incapable to act and also other than a trustee making appointment, that is to say, other than the appointer himself because the general practice of the conveyances, the understanding of lawyers and the purposes of deeds like this are against the notion of executor or administrator of the last acting trustee of appointing himself, Skeats v. Evans, (1889) 42 Ch D 522....
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