Module overview
This module introduces you to the law governing charterparties which are maritime contracts between shipowners and charterers for the hire of a ship for the carriage of cargo (or passengers) and as such form a critical part of the law governing the carriage of goods by sea. Charterparties may be voyage charters, time charters or bareboat/demise charters, and often go hand in hand with bills of lading, which in turn may import the application of the Hague-Visby Rules to the charterparties by paramount clauses. The study of this module involves an application of general principles of English (contract) law to the specific context of charterparties.
Aims and Objectives
Learning Outcomes
Subject Specific Intellectual and Research Skills
Having successfully completed this module you will be able to:
- Identify and explain the main internationally-accepted principles underpinning the law relating to charterparties.
- Apply the legal principles, with appropriate legal authorities, in the solution of complex problems.
- Analyse relevant legal materials, including statutes, case law and standard charterparty clauses.
- Locate and analyse relevant legal and other primary and secondary source materials including standard contracts.
- Appraise and criticise existing debates in charterparties law, using appropriate legal research skills.
Knowledge and Understanding
Having successfully completed this module, you will be able to demonstrate knowledge and understanding of:
- The commercial and public policies underlying legal principles on charterparties and areas of current debate and development.
- The legal principles governing time, voyage and bareboat charterparties.
Transferable and Generic Skills
Having successfully completed this module you will be able to:
- Identify and analyse key issues.
- Display clarity and objectivity in written discussion demonstrating an awareness of issue of academic integrity.
- Distinguish relevant from irrelevant materials.
- Think critically, develop coherent arguments in writing.
Syllabus
The following is indicative of the module content:
Legal principles governing different aspects of voyage charters, in particular:
* vessel and voyage;
* cargo and freight; and
* laytime and demurrage;
Legal principles governing time and bareboat charters, in particular:
* employment and indemnity;
* period of charter;
* payment of hire; and
* off hire.
The interaction between bills of lading and charterparties
Learning and Teaching
Teaching and learning methods
This module is taught through lectures (8x2hours) and seminars (3x2hours). Lectures will introduce the principles and structure of the subject. You are expected to provide the main input to the seminars where the principles introduced in the lectures are applied to hypothetical scenarios.
The most important part of learning is your own independent study. This will, however, be closely guided, and firmly tied into the lectures, seminars and assessment. In the seminars you will have the opportunity to present arguments orally to a group of peers and defend your position under challenge.
Type | Hours |
---|---|
Lecture | 16 |
Independent Study | 128 |
Tutorial | 6 |
Total study time | 150 |
Resources & Reading list
Textbooks
Terence Coghlin, Andrew W. Baker, Julian Kenny, John D. Kimball, Tom Belknap (2014). Time Charters. Informa Law from Routledge.
John Wilson (2010). Carriage of Goods by Sea. Pearson Longman.
Mark Davis (2005). Bareboat Charters. Informa Law from Routledge.
Julian Cooke, Andrew Taylor, John D. Kimball, David Martowski, LeRoy Lambert (2014). Voyage Charters. Informa Law from Routledge.
Sir Bernard Eder; David Foxton; Steven Berry; Christopher Smith; Professor Howard Bennett (2019). Scrutton on Charterparties and Bills of Lading. Sweet & Maxwell.
Assessment
Formative
This is how we’ll give you feedback as you are learning. It is not a formal test or exam.
Formative Assessment
- Assessment Type: Formative
- Feedback:
- Final Assessment: No
- Group Work: No
Summative
This is how we’ll formally assess what you have learned in this module.
Method | Percentage contribution |
---|---|
Examination | 100% |
Referral
This is how we’ll assess you if you don’t meet the criteria to pass this module.
Method | Percentage contribution |
---|---|
Examination | 100% |
Repeat
An internal repeat is where you take all of your modules again, including any you passed. An external repeat is where you only re-take the modules you failed.
Method | Percentage contribution |
---|---|
Examination | 100% |
Repeat Information
Repeat type: Internal & External