Lesson 10 - The identity of the carrier 

The buyer needs to know who the contractual carrier is, so they know who to sue if the cargo is damaged, short or delayed; is it the charterer or the shipowner? Money turns on this because pursuing the wrong defendant may mean that the claim is time barred against the right defendant. The answer to who is the carrier depends on three scenarios outlined below. 

Demise/
bareboat Charters:

If the charterparty is a demise charterparty…

"General" Ships:

If the charterer is using the vessel as a general ship (and their role is limited to providing a full cargo and freight to owners) and the charterparty includes a “cesser” clause…

Everything Else:

In other scenarios, where there is no demise charter and/or the vessel is not being used as a general ship with a cesser clause in the charterparty…

Whom to sue 

© 2020 by Francis Hornyold-Strickland.