Justice David Foxton, Howard Bennett, Steven Berry KC, Christopher Smith KC, David Walsh

ISBN13: 9780414111554
Previous Edition ISBN: 9780414102187
Published: March 2024
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback

First published in 1886, Scrutton has provided a first port of call for research when drafting contracts or dealing with disputes for generations. The book is the leading analysis of general principles in the fields of time charters, voyage charters and demise charters. It covers charterparties role as a key form of commercial contract, from the initial construction of the contract, through the rights and liabilities it confers, terms, agency and performance.

Included in the 25th edition are the following updates:

New section added to Chapter 1 covering the Electronic Trade Documents Act 2023
Updated coverage of recent Supreme Court decisions concerning the law of economic duress in Times Travel UK Limited v Pakistan International Airlines Corp [2021] UKSC 40, and the statement of the law of illegality as it relates to contracts in Stoffel & Co v Grondona [2020] UKSC 42.
Also included is coverage of all key cases, including the Court of Appeal decisions in:

the limits of contractual obligations to overcome the effects of force majeure in MUR Shipping BV v RTI Limited [2022] EWCA Civ 1406);
the different types of contractual “subjects” and their effects (DHL Product and Chartering Ltd v Gemini Ocean Shipping Co Ltd [2022] EWCA Civ 1555); and
the law relating to implied representations and affirmation (SK Shipping Europe Ltd v Capital VLCC 3 Corp [2022] EWCA Civ 231).

Contents:
1. Nature of the Contract
2. General Contract Law
3. Extension of Rights and Liabilities under Contracts of Affreightment beyond the Original Parties to such Contracts
4. Agency
5. The Bill of Lading as a Contract
6. Bills of Lading for Goods on a Chartered Ship
7. Terms of the Contract
8. The Bill of Lading as a Receipt for Goods Received or Shipped
9. Performance of Contract: Loading
10. The Bill of Lading as a Document of Title
11. Liability of Shipowner for Loss of, or Damage to, Goods Carried
12. Performance of the Contract - The Voyage
13. Performance of the Contract - Unloading
14. Carriage of Goods by Sea Act 1971
15. Demurrage
16. Freight
17. Time Charters
18. Through Bills of Lading, Combined Transportation, Containers
19. Lien
20. Damages
21. Jurisdiction, Choice of Law and Limitation of Actions