The Duty to Have Cargo Ready to Load under a Voyage Charter-Party

The essential responsibilities of charterer as regards cargo under the voyage chartering are reflected in his duty to load cargo that complies with the terms of the contract in mutually agreed period of time. The time factor merges two explicit autonomous duties - the duty to have cargo in disposal and to load it in a lay-time. So the question arises as to whether there is enough space for a new obligation to intervene? The analysis made in this regard established the nature and extent of the charterer s obligation to furnish cargo at a specific moment in time and at the agreed place. The described liability regime corresponds precisely to the autonomous duty to have a cargo in readiness and repeatedly proves that in certain cases this duty does not fall within the duty to load within the lay-days and exists independently.

Autorentext

Mrs Regina Derkintyte-Kaupiene is a partner at law firm AVERUS (www.averus.lt) being acknowledged "one of the few true specialists in the market" in her practice area (The Legal 500 (2008)). She is the co-author of the first Lithuanian book on shipping law issues ("International Maritime Law", 2009, Vilnius).