Lloyd's Maritime and Commercial Law Quarterly
BOOK REVIEW - A PRACTICAL GUIDE TO CONTRACTS OF AFFREIGHTMENT AND HYBRID CONTRACTS
A PRACTICAL GUIDE TO CONTRACTS OF AFFREIGHTMENT AND HYBRID CONTRACTS by Lars Gorton, Professor of Law and legal consultant, and Rolf Ihre, LL.B., Master Mariner, Advokatfirman Delphi Lawyers, Stockholm. Lloyd’s of London Press Ltd., London (ix and 74 pp., plus 13 pp. Appendices and 4 pp. Index.) Hardback £24.50.
The only problem I have with this excellent little book is the title. Without further explanation, it does not give the reader much of a clue as to the contents. What it is really about are long term contracts of carriage (or volume contracts), for example, where an owner agrees to carry all the cargo (up to specified maximum tonnages) which a particular merchant intends to ship between particular ports over a given number of years. The authors refer to these narrowly as “contracts of affreightment”. While this is not inaccurate, the expression “contract of affreightment” is often understood to have a wider meaning and tends to be used more generally in English law than, perhaps, in other systems. The difficulty I have is that it is not too clear whether the title refers to the narrow or wide meaning when used in conjunction with the expression “hybrid contracts”—which does not, as yet, have any recognized meaning. Indeed, the authors note two different categories of such hybrid contracts. The first concerns variations within such traditional forms of contracts of carriage as voyage and time charters. Consecutive voyage charters and time charter trips are well know variations, although not much is written about them. This book is mainly concerned with a more modern form of hybridity, namely where the contract has some features of the traditional forms, but may really be very different. One of the themes of the book is that these hybrid contracts should be considered on their own terms and not be forced into the strait-jacket of one of the more traditional classifications.
Overall, this is an interesting, if fairly brief, introduction to the law and practice of long term contracts of carriage. It is written with the same clarity of structure and expression that was first evident in Shipbroking and Chartering Practice, which the authors wrote with A. Sandevärn. Similarly, the impression given is of a book written by those with a genuine practical approach. It is easy to read and is not full of lengthy references to cases—something that will certainly enhance this book’s appeal to the non-lawyers. That is not to say that the book is of no use to lawyers—quite the contrary. Rather, it is to say that it contains that quality, common in Scandinavian maritime and legal writing, of highlighting the issues, unencumbered by the narrow perspectives of a particular national system. Central to this type of writing is the concentraton on the standard forms used in practice. Here detailed reference is made to Volcoa and Intercoa 80. The authors give more than a mere clause-by-clause description. They indicate the underlying factors that should influence the various parties in negotiating such contracts. They caution lawyers, in particular, to avoid the trap of trying to fit the particular contract into one of the traditional classifications and of using standard clauses suitable for such types of contract. The authors, in effect, advocate the abandonment of rigid definitions in this context, rightly looking to substance not form. Therefore, it is somewhat niggardly of me to make my sole adverse criticism one of definition—in the title. But, apart from this, the book is a worthy addition to the Lloyd’s maritime “fleet” and I am happy to recommend it.
N. J. J. Gaskell
Faculty of Law, University of Southampton.
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