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CHAPTER 21 Remedies for Breach of the Charter

Voyage Charters

CHAPTER 21 Remedies for Breach of the Charter Remedies for Breach of the Charter 12. Indemnity 135 Indemnity for non-performance of this Charterparty, proved damages, not exceeding estimated amount of freight. 136 137 DAMAGES IN GENERAL The object of damages in contract and tort 21.1 The remedy to which an injured innocent party most commonly resorts in the event of a breach of charter is a claim for damages, and this is frequently the only remedy available. The basic principle which lies behind an award of damages for breach of contract is that of indemnity, it being “the general intention of the law that, in giving damages for breach of contract, the party complaining should, as far as it can be done by money, be placed in the same position as if the contract had been performed”. 1 This is often called the “compensatory principle”. 2

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