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ISBN-10 : 1843115301
ISBN-13 : 9781135116668
Author: Donald Davies
Commencement of Laytime is the only in-depth examination and discussion concerning the most important financial aspect of laytime which can affect all voyage charter parties and international contracts for the sale of goods. The information is presented in a style which is readable by ship operators, traders and other lay persons as well as legal professionals.
CHAPTER 1—ARRIVING AT THE AGREED DESTINATION
Port Charterparty, Geographical—The Oldendorff Test
Difficulties in the Application of the “Within the Port” Oldendorff Test
At the Immediate and Effective Disposition of the Charterer
Sale contract
Berth Charterparty
Dock Charterparty
Tanker Charterparties
CHAPTER 2—SPECIAL CLAUSES RELEVANT TO ARRIVING AT THE DESTINATION
General
Advancing Laytime Including “Whether in Berth or Not” and “Whether in Port or Not”
Specific Sums for Waiting Time
Time Lost Waiting for a Berth Including the Darrah Decision
Other Special Clauses
CHAPTER 3—BREACHES OF CONTRACT/DAMAGES RELEVANT TO ARRIVING AT THE DESTINATION: IMPLIED TERMS
Reachable on Arrival/Always Accessible Including the Laura Prima Decision
Damages—Implied Terms
Assessment of Damages
CHAPTER 4—READINESS
General
Cargo Spaces Including the Tres Flores Decision
Equipment
Documentation—Legal Readiness—Including the Delian Spirit Decision
Draught (Draft)/Lightening
Tankers—Ballasting/Deballasting
CHAPTER 5—SPECIAL CLAUSES/BREACHES OF CONTRACT/DAMAGES RELEVANT TO READINESS (INCLUDING DRAUGHT AND BILLS OF LADING AND FAULT OF OWNERS)
Special Clauses
Breach of Contract/Damages (Including Draught and Bills of Lading and Fault of Owners)
CHAPTER 6—NOTICE OF READINESS INCLUDING RELEVANT SPECIAL CLAUSES AND ACCEPTANCE OF NOTICE OF READINESS
Notice of Readiness—Common Law
Notice of Readiness—Express Clauses
Correctness of Notice
Acceptance of Notice of Readiness Including Waiver/Estoppel etc.
Elapsed Time
Notice of Readiness Tendered Prior to the Laydays
CHAPTER 7—MISCELLANEOUS MATTERS
General
Readiness and Cancellation
Work Before the Commencement of Laytime
Overchartering and Obstacles Created by Charterers
Exceptions
Estimated Time of Arrival
Sale Contracts
Multiple Charters
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Tags: Commencement, Laytime, Donald Davies, examination, discussion concerning
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