Lloyd's Maritime Law Newsletter
Great Circle Lines Ltd. v. Matheson & Co. Ltd. (The Cluden) - U.S. Ct. of Appeals (2nd Circuit) - 3 June 1982
Charterparty negotiations conducted through brokers - Whether binding contract concluded
Great Circle Lines wished to charter the vessel
Cluden
owned by Matheson. Serious negotiations began on 24 October 1979. By the evening of 24 October the main terms of the charterparty
had been agreed. These included the name of the charterer and its guarantor, a description of
Cluden
’s characteristics, time and place of delivery, duration of the charter, place of redelivery, trading exclusions, commissions,
and the printed form, NYPE 46, upon which the details of the contract were to be based. Also, the hire rate at $7,150 daily.