지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
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Since 2007, the sublet business was regarded as an attractive model in the shipping market. The problem was, all parties should bear risks caused by a repudiatory breach of a party.
The risk has been materialized due to the deep fluctuation of the market from 2008. The charterer had no choice but to throw the vessel out in lieu of the high level of hire. The worse event took place where the time-charter chain was eventually broken by the successive early-redelivery. The problem was serious because all parties should be involved in a huge claim.
Especially, one of issues is the quantum of damages. The well-established way is to find the difference between the market hire and the contractual hire. This is so called, "market price rule". However, a question still remains whether or not it is appropriate to apply the rule in the case of the successive early-redelivery.
Currently, the English court has applied the rule in successive early-redelivery cases. These judgments are, with respect, questionable because some significant facts would be overlooked therein. Thus, the attempt to distinguish these authorities still be expected afterwards.
Given this circumstance, the paper will analyse the market price rule depending on the English law and consider the reasonableness of the rule in the successive early-redelivery events.
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