Stručni rad
Calculation of damages in case of charterer's withdrawal from contract in maritime transport
Melita Veršić Marušić
; Zagreb, Hrvatska
Sažetak
The concept of ''repudiation of contract'' is examined in this paper. A comparative review of Yugoslav and English law is the ''modus operandi''. The article itself is divided into three sections.
Yugoslav maritime law entitles the charterer to withdraw from the contract following prescribed payments, i.e. half or whole amount of freight and expenses. Providing such, the law respects specific reasons that may occur on the charterer's side, so that he is no longer interested in the contract.
In the second part the author gives an explanation of the following English legal terms: ''repudiation'', ''fundamental breach'' and ''frustration of contract''. The author attempts to compare a charterer's withdrawal from contract under Yugoslav maritime law with ''repudiation'' in English law.
Dealing with the problem of the recovery of damages, the author tries to explain the meaning of the terms: ''remoteness of damage'', ''measure of damages'' and ''mitigation''.
The central theme of this paper is calculation of damages in case charterer's repudiation. A practical example of a calculation is given through two case analysis. The ''Concordia C'', a case presented to the Queen's Bench Division - Commercial Court, and a case concerning the practice of a Yugoslav shipowner are examined using English law.
In both cases calculations are made that put owner in the same financial position he would have achieved if the contract had been performed.
Thirdly, the subject-matter of this paper is the Penalty (Indemnity) clause in charter parties.
Ključne riječi
maritime transport - contract; charterer's withdrawal from contract; calculation of damages; carriage of goods by sea;
Hrčak ID:
215162
URI
Datum izdavanja:
18.12.1989.
Posjeta: 802 *