Advanced SearchSearch Tips
A Study on the Ship Sale and Purchase Brokers' Liability as Agent in English Maritime Law
facebook(new window)  Pirnt(new window) E-mail(new window) Excel Download
 Title & Authors
A Study on the Ship Sale and Purchase Brokers' Liability as Agent in English Maritime Law
Jeong, Seon-Cheol;
  PDF(new window)
"Sale and purchase brokers" are independent contractors who act as agents for principals intending to seller or buy ships in English Maritime Law. The essential feature is that legal position of shipbroker is largely one of agency. They can be obtained by a study of the Lloyd's Register or the equivalent registers of other Classification Societies, the American Bureau of Shipping and Korean Registers. Such a broker is of valuable assistance to the prospective seller or purchaser. And the broker's liability normally arises in the context of a contract. But, expressed in general terms, those contractual obligations are, in absence of contrary agreement, to act with reasonable care and skilled to obtain the cover requested by his client not to guarantee that such will be concluded and to ensure that the scope of the policy, its essential terms and relevant exclusions are made known to the insured. Acting in this professional capacity, the broker's liability are such that the facts upon which an action for breach of contract may be based may also found an action for the trot of negligence provided that there is shown to be the necessary 'assumption of responsibility' by the broker conveyed directly or indirectly to the insured. This thesis deals with liability of S&P Brokers, the legal problems of ship broking, commission, conflicts of interest and secret commissions in English Maritime Law and the Cases.
S&P Brokers;agents;independent contractor;apparent authority or ostensible authority;Ship sale and purchase;Secret commissions;Contracts(Rights of Third Parties)Act 1999. English Maritime Law;
 Cited by
Kwak, Y. J(2009), The Civil Law general rules(Civil Law Lecture I), parkyoungsa.

Kim S. J(1997), Ship Sale and Purchase Broker(S&Pbroker) , Maritime Korea.

Kim I. H(2008), Maritime Law TreatiesII, Samwoo publishing Co.

Kim, J. H(2012), Civil Law Lecture 18th Ed, bubmoonsa.

Song, S. H․Kim, H(2008), Basic text on Maritime law in Korea, 4th Ed, parkyoungsa.

An G. H,(2008), general rules of Commercial law ․ Commercial activity, parkyoungsa.

Yeom, J. H(2010), Law of Time Charters, Bubmun Sa. Pajubookcity, Korea.

Lee, K. S(2010), New Maritime Commercial Law, Korea Maritime Institute(KMI).

Lee, H. J(2003), English Contract Law, Kyengmoon publishing Co.

Lee C. S(2008), Commercial Lecture 9th Ed, parkyoungsa.

Jeong, Y. S(2012), Shipping Broking Dispute, Korea․ China Maritime Law Study Centre/Busan Human Resource Development Institute.

Jee, W. R(2011), Civil Law Lecture, 9th Ed, hongmoonsa.

HanJin Shipping(1999), Second-ship' Sale & Purchase Practice, HanJin Shipping material purchasing team.

Aleka, Mandaraka-Sheppard(2007), Modern Admiralty law, London:Cavendish P L.

Andrew Jamieson(1997), Shipbrokers and the Law, London : LLP.

Christoper Hill(1998), Maritime Law, London:LLP, 5th Edition.

Chris Nicoll(2006), Brokers' liability for breach of duty : mitigating factors , SHIPPING & TRADE LAW , Octerber, Vol 6․No. 8.

Daniel S. Kleinberger(2012), Agency, Partnerships, and LLCs, Wolters Kluwer.

Iain Goldrein QC(2003), Ship Sale And Purchase, London : LLP.

J.Beatson․A.Burrows․J.Cartwright(2010), Anson;s Law of Contract, 29th Ed, Oxford : Oxford University Press.

Niv Gaskell(1997), Chorley & Giles' Shipping Law, 8th Ed, London:Pitman Publishing.

Simon curtis(2002), The law of shipbuilding contracts, Third edition, LLP:London.

Yvonne Baatz.(2001), Maritime law, Second Ed, London:Sweet Maxwell,