Voyage Charters
Page 104
Chapter 3
Description of the Ship
| [clause 1 continued] | |
| … the 1 | |
| steamer or motor vessel named in Box 5 of the gross/net Register | 2 |
| tons indicated in Box 6 and carrying about the number of tons of | 3 |
| deadweight cargo stated in Box 7 … | 4 |
| [clause 1 is continued below] | |
Contractual effect of descriptive statements
3.1 As a general rule words in a charter which describe the ship or her equipment are not mere representations, but are terms of the charter.1 As a result, if the ship fails to comply with the description the charterer will be entitled to damages for breach of contract. If the term is a condition, or if the breach goes to the root of the contract, the charterer will also be entitled, if he so elects, to refuse to ship the cargo and to terminate the charter. Alternatively, he may exercise any right to rescind or to claim damages which may be available to him in respect of any actionable misrepresentation.2