QLD Maritime law question

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Davidl4

Member
5 April 2020
2
0
6
A clause in the head time charterparty requires the Master to sign bills of lading presented by the chartererA.

ChartererA then voyage sub-charters to chartererB. Included in the voyage sub-charterparty is the same clause, for the master to sign bills of lading presented by the charterer.

Is the Master bound to sign bills of lading presented by the chartererB?

He was not a party to the voyage sub-charterparty... Does privity of contract apply in this situation?.

Thanks for your help.
 

Davidl4

Member
5 April 2020
2
0
6
I found this. I guess it sort of answers the question...

Brown. L.J., said in the Vikfrost, ‘… the charterers had the option of sub-letting and no restrictions
are imposed as to the terms of subletting. In my view, the owners must have contemplated that, if
there was a sub-letting, the sub-charterers would be entitled to require the master to sign bills of
lading, and to sign themselves such bills of lading as they were entitled to require the master to
sign…’ (Coghlin, 2008, pp. 141 - 142)

Coghlin, B. K. (2008). Timecharters. Oxon: Routledge.