Create a 6 pages page paper that discusses charter parties and their legal framework.

Create a 6 pages page paper that discusses charter parties and their legal framework. Private carriage of goods by sea is a charter party and is only subject to the general maritime law for breach of contract, with very little application of statute law or international conventions. As a result, it is a purely private contractual agreement between two parties and relief available under the contract will be governed by the specific terms and conditions laid out in the contract regulating the charter party. A Bill of Lading is also a contract for the transport of goods, however, it regulates the carriage of goods, while charterparties are contracts for the hire of the ship or its services.2

An oral agreement to charter is also binding, however, in general, the parties set out the terms in a written contract and include a supersession clause, by which their written agreement supersedes all previous agreements. Charter parties may be of various kinds, such as (a) Bareboat, which is the hire of the ship itself and payment is made for such hire (b) Time charterparties, where the services of the boat/ship are hired for a specified length of time and payment is the hire (c) Voyage charterparties, where the services of the ship are hired for more than one voyage and the payment is the freight3.

However, while charter parties are for private purposes, public transport of goods by sea is carried out through the use of a Bill of Lading and is subject to the Hague Visby Rules which regulates the carriage of goods by sea. While charter parties are not generally governed by the Hague Visby Rules governing the carriage of goods by sea, they will apply if incorporated into the contract, or if bills of lading regulate the relations between the carrier and the bill holder.4 In the case of the Bunge Corp v Republic of Brazil5 the bill of lading incorporated the terms of charter party, which included a COGSA clause that in case of a conflict, the COGSA should prevail. Therefore, in this case, the Hague Visby Rules applied and a clause that had been written into the Charter absolving the charterer from all liability was held to be null and void, and the charterer was held liable in accordance with the international law for the carriage of goods.&nbsp.&nbsp.