i-law

Voyage Charters

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Chapter 31

Freight, Demurrage, Commission
F. Freight Rate: per ton (of 2240 lbs. each).
G. Freight Payable to: at
H. Total Laytime in Running Hours:
I. Demurrage per day:
J. Commission of % is payable by Owner to
on the actual amount freight, when and as freight is paid.

Freight

31.1 Calculation and payment of freight is provided for under Part II, clause 2.1 Part IF often refers to a standard of reference such as Worldscale, in which case, see also clause 15.2

Laytime

31.2 See clauses 6 and 7 of Part II.3

Demurrage

31.3 See clause 8 of Part II.4

Commission

31.4 The broker’s right to commission is discussed generally in and in Time Charters.5 The Asbatankvoy form is less advantageous to the broker than the Gencon, in that the former confers on the broker no right to any payment in the event that no freight is earned or actually paid. However if the reason for the non-earning or receipt of freight is an agreement made by the owner to avoid paying commission, there may be a right in the broker under

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the Contracts (Rights of Third Parties) Act 1999 since, pursuant to section 2(1) of that Act, principals may not deprive a relevant third party of rights without the agreement of that third party if the third party has communicated his assent to the term to the principal or if the principal is aware that the third party has relied on the term, or if he can reasonably be expected to have foreseen that the third party would rely on the term and the third party has in fact relied on it. There is subject to the qualification that, if there is an express term of the contract that the principals may by agreement rescind or vary the contract without the consent of the third party, the third party may be deprived of his rights. It may be that this is the effect of the Asbatankvoy form, that the broker acquires no right to receive commission except upon such freight as is actually paid to the owner.