ABSTRACT

The reason the shipbroker is employed in negotiations is to conclude contracts between the principal and others. With the principal’s consent, the broker could choose to be the other party to the contract. In a straightforward example of a contract made by an agent, that agent will state that he acts “as agent for” and then name his principal. In general terms the shipbroker is often in a position where it is known that he is acting as an agent but that the exact identity of his principal is unknown. There could be, however, other occasions when not even the fact of his agency is known by the other party. English law traditionally refers to these two positions as being respectively those of disclosed and undisclosed principals. The chapter shows the benefit of a shipbroker clearly identifying his principal and stating his position as an agent.