Naslov
The Guardcon contract, knock-for- knock clauses, DCFR and unfair terms (Part I)

Autori
Mudrić, Mišo

Izvornik
The journal of international Maritime law (1478-8586) 21 (2015); 51-62

Vrsta, podvrsta i kategorija rada
Radovi u časopisima, članak, znanstveni

Ključne riječi
Guardcon ; Private Security Service, Private Maritime Security Services, Knock-for-Knock

Sažetak
This article examines the Guardcon standard contract form utilised when contracting private maritime security services on board vessels. The main focus of analysis is directed to the Guardcon knock-for-knock clause and several related contractual provisions that, to a serious extent, limit or exclude the liability of contractual parties. Part I examines the nature of private maritime security services and the level of commitment required from the contractors. It questions whether the Towcon 2008 standard towage contract form as the contractual template was the best choice, given that the fundamental obligation in the Guardcon contract closely resembles the obligation of means in the standard salvage contract forms. Part II (to be published in the next issue of this journal) examines the impact of knock-for-knock and related provisions on the core and auxiliary contractors’ obligations, and endeavours to determine whether the aftermath of assessment steers towards a possible application of the unfair terms regulation, both with regard to business to business and business to consumer contracts. Part I

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA