You've been asked by a charterer to check a time charterparty to ensure they are fully covered by the off-hire clause.

(a) Explain what an off-hire clause is. [4 marks]

(b) Evaluate the importance of 'mini off-hire' clauses. [4 marks]

(c) Assess where the burden of proof rests when invoking an off-hire clause. [4 marks]

(d) Evaluate the importance of the phrase, 'or by any other cause preventing the full working of the vessel'. [4 marks]

(e) Assess the utility of the off-hire clause if an engine breakdown occurs while a vessel is discharging in port. [4 marks]

QUESTION 2

You've been asked to give advice to a shipowner on the exceptions in contracts of affreightment.

(a) Analyze the limitations to the exceptions that can be used in contracts falling under the scope of the Hague/Visby Rules. [4 marks]

(b) Analyze each of the four common law exceptions a 'common carrier' can invoke in the absence of any express stipulations in the contract, giving an example of each.