Charterers Liability to Cargo Interests
This is the most common basis for claims against charterers who are not transporting their own cargo. Claims can be made against the charterers in a variety of ways:
- Under Bills of Lading
- In Tort
- Under the Inter-Club Agreement
The InterClub Agreement has the effect of passing or apportioning certain cargo liabilities between the shipowner and the charterer. If charterers are carrying their own cargo, they are entitled to recover from the Club the same amount as would have been recoverable if the cargo had belonged to a third party and that third party had concluded a contract of carriage of the cargo on terms of the Club’s recommended standard terms of carriage.