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The Common Law Obligations Within And How It Is Interpreted And Incorporated Into Them Essay

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This essay is will explain contracts of affreightment, the common law implied obligations within and how it is interpreted and incorporated into them. These contracts are drafted based on common law which is derived from custom and judicial precedent. No matter how meticulously drafted, all contracts will contain implied terms. These terms will not be expressly written in to a contract but arise in the absence of stipulation to the contrary . However, in contracts of affreightment ruled by The Hague or Hague Visby Rules, the extent and utilisation of some of these common law implied obligations will be altered leading to a restriction in the express terms negotiating parties, the ship owner and a charterer, are permitted to eliminate or amend. The case examined will be the Baltic and Maritime Council’s (BIMCO) 2003 charterparty for GRAINCON. BIMCO is a global shipping association which provides a large variety of services to its members and represents their views. It also publishes thorough drafts of contracts including charterparties and bills of lading. GRAINCON is one of these and is a standard grain voyage charter party. It includes common law implied terms such as seaworthiness, reasonable dispatch, obligation not to deviate, cargoworthiness and the obligation to care for the cargo, obligations of the shipper, nomination of a safe port and dangerous goods. This essay is divides these terms in to seven individual sections and will be explained and analysed in
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