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Tanker

Issue 63: January 2017


EXCEPTIONS AND GENERAL PRINCIPLES OF CAUSATION

Article provided by Andrew Wilding, Managing Director, Asdem Asia Pte. Ltd.

In a recent matter on which we were asked to advise, bad weather delayed the pilot which in turn delayed the vessel because it was unable to proceed to the berth without one. The clauses in the charterparty contained a 50% exception for bad weather and a 100% exception for delay of pilots. Our task was to advise on which exception applied and why.

In every oil voyage charterparty, there will be exceptions to the counting of laytime or time on demurrage. Exceptions operate on the principle of causality. To apply an exception, this principle requires a causal link between an event e.g. a winch breakdown (the cause) with the loss of time (the effect). The cause is understood to be responsible for the effect, and the effect is dependent on the cause.

The degree of connection which is required between the excepted even Read More..


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