英语论文网

1. Introduction 简介
定期租船的船只的所有者是谁是聘请船上货物空间的独家使用权出售承租人在约定的时间内将他的船只，可被定义为达到自己的目的，船舶合约范围内。租赁期间的时间可以持续数天至数年，和定期租船的费用通常是预先支付的租用每月或其他基础上。换言之，这意味着在早期点包机终止时，船东的损失可能会很大。近年来，租船提早交还了一连串的上升，因为他在2008年航运市场的突然崩溃。承租人订立长期固定装置在峰会上的航运市场A time charter can be defined as the owner of a vessel is placing his vessel for an agreed period of time at the disposal of the charterer who is free to employ it for the exclusive use of the cargo space on board that ship for his own purposes within the contractual limits . The time charter period can be lasted from a number of days to a number of years, and the fees of a time charter usually are paid in advance by charterer on a monthly or other basis. In other words, it means that shipowner's losses might be substantial when the charter is terminated at an early point. In recent years, a spate of early redelivery by charterers have risen because of the sudden collapse in he shipping market in 2008 . Charterers had entered into long term fixtures at the summit of the shipping market, however, contracted out from charet with no market against to measure shipowner's losses. It might happen when an agree charter rate is higher than the curre www.51lunwen.org/logistics/ nt market rate. Under this circumstance, it seems to be no possibility for the charterer to make profit so that they may consider to return the vessel early. However, assessment of damages in circumstances where the Time Charterers redeliver the vessel early involving repudiation of time charterparties may be complicated. This essay will critically analyse the calculation of damages in respect of early redelivery under Time Charter, which are going to start with general principles of calculating damages from various cases and then focus on the leading case The Elena D'Amico [1980] 1 Lloyd's Rep.75. After that, it will comparably analysis the two methods of assessing damages in terms of available market rates.

2. 1 General principle in the situation of early redelivery 提前返还的一般原则

In relation to Time Charters, it will be a repudiation of the charter when the charterers redelivery the vessel before they are entitled to under the terms of the charterparty, including prior to the expiry of a notice period. This gives the shipowner choices; shipowner can either accept redelivery of the vessel and then bring termination of the charterparty by accepting the charter's breach, or refuse to accept redelivery of the vessel and demand that the charterer performs the contract as agreed .

2.2 Principle of available market 可用市场原则

Generally, it is a fundamental rule under English contract law that damages for breach of contract are compensatory and intended to put the innocent party in the position in which he would have been if the contract had been performed . A variety of principles are derived from this starting point in order to standardise the measure of damages. However, the usual measure of damages does not apply in claims relating to the early redelivery vessel under the time charterparty.

3. Conclusion 结论

All in all, it can be seen from the above analysis that there are a number of factors been considered when assessing damages for the repudiation of a time charterparty. The amount of capital undertaken by the shipowners and charters are ofthe syubstantial so that either party will seek to every material facts and their pisition at law in order to ensure that the proper