UNEXPECTED CIRCUMSTANCES AND CARRIAGE OF GOODS BY SEA - ΑΠΡΟΟΠΤΗ ΜΕΤΑΒΟΛΗ ΣΥΝΘΗΚΩΝ ΚΑΙ ΣΥΜΒΑΣΗ ΘΑΛΑΣΣΙΑΣ ΜΕΤΑΦΟΡΑΣ

4 UNEXPECTED CIRCUMSTANCES AND CARRIAGE OF GOODS BY SEA delete some of the clauses, which a standard printed form incorporates. In such a case, they replace themwith others that, in their judgement, regulate the rights and obligations arising under the particular charterparty in amore satisfactory way. It is, therefore, probable that the parties will include specific clauses regarding “force majeure” or exceptional and random events or other events beyond their control 9 in the charter, the occurrence and existence of which will result in the termination of it. They will do so while aiming: a) to deal with uncertain or unexpected situations that may occur after the formation of the contract, b) to defend their interests efficiently and c) to limit the damage they may suffer. Last, but not least, the inclusion of specific clauses in the charterparty concerning unexpected events may not lead to the automatic release from the contractual obligations they have undertaken but may lead to its termination. This occurs by granting them either the right to treat the charterparty as repudiated by a breach, in which event the aggrieved party may consider himself discharged from any further liability and sue for damages or may give him the right to cancel it. It depends on the wording of the clauses and the intention of the parties. 3. The aim and the method of the book Many eminent Professors and renowned scholars have dealt with what is widely known as “frustration of contract” in English contract law 10 . There are also exceptional books in the field of English maritime law 11 , which approach the “doctrine of frustration”. This being the case and bearing in mind the long and distinguished list of books on the matter in question, certain queries are raised: Why and in what ways must this book be different from the others? Theanswers to thesequestions are simple: Firstly, in its aimand secondly in itsmethod. 9. See: Great Elephant Corporation v. Trafigura Beheer B.V. & Ors (2013), EWCA Civ. p. 905. See also: Channel Island Ferries Ltd v. Sealink UK Ltd (1988), 1 L.R. 323 and Mamidoil - Jetoil Greek Petroleum Co SA v. Okta Crude Oil Refinery (No. 3) (2003), 2 All ER (Comm) p. 640. 10. Selective bibliography: Anson’s: Law of Contract (By Beatson J., Burrows A., Cartwright J.) (2010), Treitel G.: Frustration and force majeure (2004), Treitel G./Peel E.: The law of contract (2015) chapter 19, 11, 17, HG Beale (ed.), Chitty on Contracts (2013) vol. 1., Cheshire, Fifoot and Furmston’s: Law of Contact (2012), McKendrick E.: Contract Law, Text Cases and Material (2014), McKendrick E.: Force Majeure and Frustration of Contract 2nd ed. (2013), Poole J.: Textbook on Contract Law (2010, Koffman L. – MacDonald E.: The law of contract (2010), Stone R.: The Modern Contract Law (2013) and Beale H.G., Bishop W.D., Furmston M.P.: Contract law, Cases and Material (2008). 11. Baatz Yv.: Maritime Law (2014), Scrutton on Charterparties and bills of lading (2015), Baughen S.: Shipping Law (2015), Carver/Colinvaux R.: Carriage by sea (1982), Vol. 1 and 2, Cooke J., Young T., Ashcroft M., Taylor A., Kimball J., Martowski D., Lambert L., Sturley M.: Voyage Charters (2014), Coghlin T. – Baker A. – Kenny J. - Kimball J. -Belknap Th.: Time Charters LLP (2008), Wilson J.: Carriage of goods by sea (2010).