Jolanta Zabityte and Kyle Ritter
Marius 455: Selected master theses 2015
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Forfattar | Jolanta Zabityte and Kyle Ritter |
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Forlag | Sjørettsfondet, Oslo |
Språk | english |
Utgjevingsår | 2015 |
Skildring | This issue contains two theses selected among those written by our LLM students who graduated in the autumn 2014: Jolanta Zabityte and Kyle Ritter. Non-contractual third-party liability: A brief economic analysis The author The Obligation to Pay Hire in Time Charterparties: The Astra This article discusses whether there is room for an opposite conclusion, i.e. that the obligation to pay hire punctually is not a condition, but an intermediate term, which implies that the damages for loss of bargain are available not upon any payment default, but only upon such breach of the obligation to pay hire, which deprives the innocent party from substantially the whole benefit of the contract. Since this article was written prior to a recent judgment as of 18 March 2015 in Spar Shipping** case, where Commercial Court’s judge Mr. Justice Popplewell reconsidered the issue and declined to follow The Astra, the article has been updated and includes a separate chapter regarding this recent development. The judgment in Spar Shipping, however, is not universally seen as settling the issue and thus the legal discussion, which is presented in the article, is considered to be of an interest for readers. * Kuwait Rocks Co v AMN Bulkcarriers Inc [2013] EWHC 865 (Comm) ** Spar Shipping AS v Grand China Logistics Holding (Group) Co. Ltd [2015] EWHC 718 (Comm) The author 8vo, 124 pages, paperback. ISSN 0332-7868 |