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Part VII Charterparties, 36 Damages

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 July 2024

Charter parties — Regulation of carriage of goods — Contract clauses and damages — Failure to deliver and damages — Pre-delivery obligations and damages

This chapter reviews the law relating to damages, which is the subject of several treatises and textbooks. It looks at the basic principles before analysing some specific aspects of damages in the carriage of goods by sea. In general terms, the innocent party almost always resorts to a remedy sounding in damages, often because this is the only remedy available. It is possible to recover for losses in the tort of negligence, subject to fulfilling the usual criteria. The chapter then considers damages for not presenting bills of lading; damages under international conventions; damages for failure to load cargo; damages for failure to carry cargo; damages for delay; damages for non-delivery of cargo; deadfreight; and damages under a time charterparty.

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