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Part VII Charterparties, 32 Voyage Charterparties

From: Carriage of Goods by Sea (3rd Edition)

Stephen Girvin

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 17 June 2024

Charter parties

This chapter describes voyage charterparties. A charterparty is usually embodied in a written contract but this need not be signed. Negotiations may be concluded by correspondence even where the intended shipowner and charterer intend to embody their contract in a formal charterparty. Whether or not there is a binding contract is subject to the usual contractual rules as to formation. Whether and when the parties are ad idem and intend to be contractually bound is determined by examining the intentions of the parties and reflected in their negotiations, whether wholly or partly in writing, orally, or by conduct. Negotiations leading to a concluded agreement are today conducted by telephone, by e-mail, and instant messaging exchanges. The chapter then looks at the use of printed standard form charterparties.

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