Lesson 9 - incorporation of charterparty terms

Sometimes bills of lading purport to incorporate charterparty terms. Where they do this can raise odd questions because, ostensibly, most/many of the terms will not be relevant to the carrier's liability to a buyer for cargo damage - charterparties being about the relationship between a charterer and owner/disponent owner. 

Yet, sometimes the charterparty clauses are relevant (they might, for instance, provide that the Hague Rules or Hague-Visby Rules apply to any bill of lading). 

Whether a charterparty term is incorporated into a bill of lading depends on a three-stage test outlined here. 

incorporation of charterparty terms

© 2020 by Francis Hornyold-Strickland.