Scrutton on Charterparties and Bills of Lading 25th ed

First published in 1886, Scrutton has provided a first port of call for research when drafting contracts or dealing with disputes for generations. The book is the leading analysis of general principles in the fields of time charters, voyage charters and demise charters. It covers charterparties role as a key form of commercial contract, from the initial construction of the contract, through the rights and liabilities it confers, terms, agency and performance.

Included in the 25th edition are the following updates:

• New section added to Chapter 1 covering the Electronic Trade Documents Act 2023
• Updated coverage of recent Supreme Court decisions concerning the law of economic duress in Times Travel UK Limited v Pakistan International Airlines Corp [2021] UKSC 40, and the statement of the law of illegality as it relates to contracts in Stoffel & Co v Grondona [2020] UKSC 42.

Also included is coverage of all key cases, including the Court of Appeal decisions in:

• the limits of contractual obligations to overcome the effects of force majeure in MUR Shipping BV v RTI Limited [2022] EWCA Civ 1406);
• the different types of contractual “subjects” and their effects (DHL Product and Chartering Ltd v Gemini Ocean Shipping Co Ltd [2022] EWCA Civ 1555); and
• the law relating to implied representations and affirmation (SK Shipping Europe Ltd v Capital VLCC 3 Corp [2022] EWCA Civ 231).

table of content

Nature of the Contract

General Contract Law

Extension of Rights and Liabilities under Contracts of Affreightment beyond the Original Parties to Such Contracts

Agency

The Bill of Lading as a Contract

Bills of Lading for Goods on a Chartered Ship

Terms of the Contract

The Bill of Lading as a Receipt for Goods Received or Shipped

Performance of Contract: Loading

The Bill of Lading as a Document of Title

Liability of Shipowner for Loss of, or Damage to, Goods Carried

Performance of the Contract—The Voyage

Performance of the Contract—Unloading

The Carriage of Goods by Sea Act 1971

Demurrage

Freight

Time Charters

Through Bills of Lading, Combined Transportation, Containers

Lien

Damages

Jurisdiction, Choice of Law and Limitation of Actions

Appendix 1 - The Principal Statutes Affecting the Contract of Affreightment

Appendix 2 - York-Antwerp Rules

Appendix 3 - The Carriage of Goods by Sea Act 1924

Appendix 4 - Inter-Club New York Produce Exchange Agreement

Appendix 5 - Hague-Visby Rules

Appendix 6 - The Hamburg Rules