Under English law, it is entirely up to the contract parties to agree on “force majeure” events that are beyond the builder’s control. Under an old English law principle known as the “prevention principle”, no party to a contract should be allowed to benefit from its own failure to perform. In the context of shipbuilding contracts, this principle should give protection to a shipyard in the case of delays in the delivery of a vessel that are caused by the buyer’s defaults. It is the builder’s fundamental duty to deliver the vessel to the buyer on the delivery date set out in the shipbuilding contract. If the builder demands to be released from that duty, it will have to follow certain requirements imposed by English law.
shipbuilding contract delivery force majeure extension of time prevention principle causation notices shipyard buyer
Birincil Dil | İngilizce |
---|---|
Konular | Yapı (Diğer) |
Bölüm | Araştırma Makaleleri |
Yazarlar | |
Erken Görünüm Tarihi | 10 Ocak 2024 |
Yayımlanma Tarihi | 10 Ocak 2024 |
Gönderilme Tarihi | 18 Kasım 2023 |
Kabul Tarihi | 12 Aralık 2023 |
Yayımlandığı Sayı | Yıl 2023 |