“Hang on a second, this was never agreed in the contract!” is a sentence that parties may find themselves either on the sending or the receiving end of. It is meant to operate as a “killer” argument in a debate which is governed by the English Contract Law, in which the principle that the agreements must be kept prevails. Not infrequently would a question arise as to what should happen when a certain agreement does not provide for a specific occurrence. This is where the courts intervene to decide whether it is necessary to imply a term into the contract, to make it efficacious.
The purpose of this brief series of articles is to assess the obligations and potential liabilities which the charterers may be found to be burdened with, even when those are not expressly agreed in a charterparty.
Please see attached file for details.
默示赔偿：不安全港
“等一下，租约中可没规定这一项！”——说这话的很可能是发货人或收货人。这论据在英国法下的合同争论中能充当杀手锏，合同是需要以遵守其约定为原则。协议中没有规定特定事件时，出现问题就不足为奇。这就需要法院的干预，决定是否有必要在合同里加入默示条款，使其继续有效。
本文在于评估租家可能承担的义务以及潜在的责任，即使这些都没有在租约中明确约定。
详细信息请参阅附件。
