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Speed-consumption claims: establishing and extrapolating
A breach of a speed-consumption warranty is established by a sample performance of the vessel in qualifying good weather conditions within the relevant sea passage. The results are extrapolated throughout the sea passage, including bad weather periods, to qualify the loss suffered by the charterer through the breach. This article looks at establishing and extrapolating under the NYPE 1946 form, the most popular standard form for dry cargo time charters, followed by a quick comparison of the warranty in Shelltime 4, the most popular form used when time-chartering tankers.
Online Published Date:
29 October 2021
Appeared in issue:
Vol 21 No 08 - 29 October 2021
Holyhead Marina Ltd v Farrer and All Other Persons Claiming or Being Entitled to Claim Damages in Connection With Storm "Emma" Striking Holyhead Marina on 1 and 2 March 2018 [2021] EWCA Civ 1585
Is a marina a dock?
Online Published Date:
29 October 2021
Appeared in issue:
Vol 21 No 08 - 29 October 2021
Perfect Best Asset Management Inc v ADL Express Ltd [2021] HKCFI 2310
Which bills of lading?
Online Published Date:
29 October 2021
Appeared in issue:
Vol 21 No 08 - 29 October 2021