ABSTRACT

Modern charterparties usually describe the ship that is the subject of the agreement, making statements, for example, about the vessel’s name, class, capacity and location. In order to trade successfully a ship must be registered in the national registry of a sovereign state. The ship will then fly the flag of that state and its law will then apply to the ship. Time charters often contain detailed provisions relating to the speed and fuel consumption of the vessel. The use of a vessel in warm tropical waters can lead to ‘hull fouling’, the settlement and growth of marine animals and plant on the submerged parts of the ship such as the hull and propeller. The plaintiffs were shippers and consignees of cement, which was damaged by sea water and became valueless when the Glendarroch stranded on St Patrick’s Causeway in Cardigan Bay.