Requirements Of Timely Performance In Time And Voyage Charterparties - An Exploration Of Their Identity, Scope And Limitations Under English Law

The importance of time in the performance of contractual obligations under sea carriage of goods arrangements are until now little explored. For the avoidance of breach, certain obligations and responsibilities of the parties to the contract need to be performed promptly. Ocean transport is an expensive venture and a shipowner could suffer considerable financial losses if an unnecessary but serious delay interrupt the vessel’s earning power in the course of the charterer’s performance of his contractual obligation. On the other hand, a charterer could also incur a substantial loss if arrangements for the shipment and receipt of cargo fail to go according to plan as a result of the shipowner’s failure to perform his charterparty obligation timely and with reasonable diligence. With these considerations in mind, this thesis critically explores the concept of timely performance in the discharge of the contractual obligations of parties to a contract of carriage. While the thesis is not an expository of the occurrence of time in all the obligations of parties to the carriage contract, it focusses particularly on the identity, scope, and limitations of timeliness in the context of timely payment of hire, laytime and reasonable despatch. The thesis argues that, the applicable legal rules and principles regarding timeliness in the above contexts are obsolete, outdated and not fit for 21st century shipping practice. The applicable rules cannot continue to ignore the impact and influence which technological advancement has had in shipping practice. The thesis considers what reforms could and should be adopted in English law as to the appropriate approach to questions of timeliness in time and voyage charterparties. The issues engaged in the discussion are mainly from the perspective of the rules and principles extracted from decided cases under English law, but significant attention is accorded valuable position in the United States.