Ship Master as Agent of Cargo Owner

1391 Words6 Pages
Abstract The Master of a ship has several responsibilities and many roles to play. Being an employee of the ship’s owner, he is their servant and agent. He also needs to obey charterer, command his crew on board and ensure the safety of the ship, crew and cargo at all times. Since cargo owners are considered to be joint adventurers with the ship’s owner and the Master on a maritime voyage, the Master is also the agent of the cargo owner to a certain extent. This paper will explain the Master as the agent of the cargo owner and state the circumstances where the Master becomes an agent of the cargo owner. Lastly, a case law will be referred to for an example of such a circumstance. Table of Contents Cover Page……………………………………………………………………………..i Abstract ii Table of Contents……………………………………………………………………..iii CHAPTER 1: INTRODUCTION 1 CHAPTER 2: CIRCUMSTANCES WHERE MASTER ACTS AS AN AGENT OF CARGO OWNER 2 CHAPTER 3: CASE LAW: THE CHOKO STAR (1990) 4 CHAPTER 4: CONCLUSION 6 References……………………………………………………………………………..7 CHAPTER 1: INTRODUCTION A Master is by law an agent of the ship’s owner under contract, who commands the vessel and manages its related matters. The law of agency states that an agent is a person who has the implied or express authority to represent or act on behalf of the principal. This relationship usually arises from a contract entered by them. While the master serves and protects the interests of the ship’s owner, the lives aboard and the cargo interests, he also has duties to the cargo owner since the cargo owner is considered to be join adventurers with the ship’s owner and the Master on a maritime venture. In certain circumstances where the Master becomes an agent of the cargo owner, the Master becomes an agent of
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