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Liability under the master to sign B/L issued on Chartered Ship  

Kim, Sunok (창원대학교 국제무역학과)
Publication Information
Journal of Korea Port Economic Association / v.29, no.1, 2013 , pp. 47-66 More about this Journal
Abstract
This article reviews some problems arises from signing by the master bills of lading issued on time chartered ship. The underlying purpose of time charters is generally for the charterers to have the services of the vessel in order to engage in the business of carriage of goods by sea, a business which is likely to involve the issue of bills of lading to shippers. Charterer under the charter have a right to issue B/L, thereby the master must sign bill of lading as presented, but may not vary the contract. Bills of lading signed by, or on behalf of the master, impose contractual liabilities upon the shipowner. Charterer have no right to ask the master to sign a bill of lading in any way deviating from the charterparty. If the shipowner suffers loss as a result of the master obeying any order about employment or agency, he will be entitled to an indemnity from the charterer. The master may refuse to sign bills of lading which contain some discrepancy such as a false statement and manifestly inconsistent with the requirements of the charterparty.
Keywords
Time Charterparty; Chartered Ship; Master's Duty to sign B/L; Refuse to sign B/L;
Citations & Related Records
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  • Reference
1 Angela Maxwell, "EMPLOYMENT from Claim Waters to War Zones: The Unique Nature of Time Charters and a Time Charterer's Right to Exploit the Full Earning Power of the Vessels", 79 Tul. L. Rew. 1505, 2005.
2 김선옥, "해운업계의 송하인의 보상장발행 관행에 관한 고찰", 해운물류연구 45호, 2005.
3 한낙현.정준식, "정기용선계약에서 반선지연에 의한 선주의 상실수익과 손해배상청구", 한국항만경제학회지, 2007.
4 A.D. Hughes, Casebook on Carriage of Goods by Sea, 1999.
5 Davies, D, "The Hill Harmony", LMCLQ, 1999.
6 David Foxton, "Damages for late or early redelivery under time charterparties", LMCLQ, 2004.
7 Martin Dockray, Cases and Materials on the Carriage of Goods by Sea, 2004.
8 John F Wilson, Carriage of Goods by Sea, 2008.
9 Gauci, "Risk Allocation in the Charterparty Relationship: an analysis English Case Law relating to Cargo and Trading Restrictions", 28 J . Mar. L. & Com. 62, 1997.
10 Hamblen, Nicholas/Jones, Susannah, "Charterers Orders-To Obey or Not To Obey", 26 Tul. Mar. L. J . 105, 2001.
11 Michael Wilford, Terence Coghlin, Nicholas J. Healy, Jr., John D. Kimball, Time Charters, 2008.
12 Raoul Colinvaux, Carver's Carriage by Sea, 1982.
13 Roger Halson, "Time Charters, Damages, Remoteness", LMCLQ, 2008.
14 Scrutton, Scrutton on charterparties and Bills of Lading, 2008.
15 Stephen Girvin, Carriage of Goods by Sea, 2007.
16 Tony Nunes, "Charterer's Liabilities under the Ship Time Charter", 26 Hous. J. Int'l L. 561, 2004.
17 W. Tetley, Marine Cargo Claims, 1988.
18 Lloyd's Report.
19 Lloyd's Maritime News Letter.
20 A.M.C