THE FANTASTIC IMAGINATION

The case of the Fantastic Imagination



The case of the Fantastic Imagination

Fantastic Imagination and the decision to proceed from Genoa to Ravenna by way of the straits of Messina

An elaboration of the time charter contract is essential for an adequate response to this question. A time charter contract is a contract in which the client charters the vessel for a specific time period. The contract entails any exclusive elements and obligations that are applicable on the vessel and the client. The time charter contract allows the client to take the vessel to any port (unless a port or region is exclusively noted in the contract).

In the case of the Fantastic Imagination, there was no harm in ordering the vessel to proceed from Genoa to Ravenna by way of the straits of Messina. This is because of the fact that the time charter contract allows the party chartering the vessel to exercise autonomous control over the navigation of the vessel. The owner of the vessel cannot exercise any authority in the navigation of the vessel and the client renting the vessel can maneuver the vessel wherever he pleases.

In layman terms, it is fair to state that the time charter contract system is a system that resembles the setup of traditional video renting. Once the renter has paid the rent for a movie, the renter may view the movie as many times as the renter wants. This contract does not place any obligation on the usage of the rented item. It merits highlighting at this point that the time charter contract does not allow for the use of the vessel in illegal activities. In this regard, ordering the vessel to proceed from Genoa to Ravenna by way of the straits of Messina was not an illegal activity. From this perspective, it is reasonable to surmise and infer that the decision to order the vessel to proceed from Genoa to Ravenna by way of the straits of Messina was fair and undisputable.

The ship owner shall be required in addition to those in the previous article, to present at the agreed time and place and maintain during the term of the designated vessel, suitably equipped to meet the obligations under the contract. The ship owner will retain the management of the boat sailing, leaving the commercial management of it by the charterer, the master owed obedience, within the limits of the charter party. In contrast, under the voyage charter contract, the ship-owner agrees to put all or certain part of a crew boat charterer's disposal to carry out one or several trips. In the time charter contract, the ship owner retains the nautical and commercial management of the vessel. The ship-owner is wholly responsible for the goods on board, within the limits of the contract.

The entitlement of the master to ignore their instructions and take the route he did

The primary obligation of the ship-owner is maintenance activity during the agreed time, making the package tours and following the instructions of the ...