Calculation of damages in case of charterer\u27s withdrawal from contract in maritime transport

U ovom je radu riječ o odustanku od ugovora o prijevozu stvari u pomorskoj plovidbi, i to samo o samovoljnom odustanku od strane naručitelja, kada se radi o prijevozu cijelim brodom. U okviru toga prikazana su rješenja jugoslavenskog i engleskog prava, te su analizirani neki slučajevi iz pomorskopravne prakse gdje je šteta obračunata primjenom engleskog prava.The concept of \u27\u27repudiation of contract\u27\u27 is examined in this paper. A comparative review of Yugoslav and English law is the \u27\u27modus operandi\u27\u27. The article itself is divided into three sections. Yugoslav maritime law entitles the charterer to withdraw from the contract following prescribed payments, i.e. half or whole amount of freight and expenses. Providing such, the law respects specific reasons that may occur on the charterer\u27s side, so that he is no longer interested in the contract. In the second part the author gives an explanation of the following English legal terms: \u27\u27repudiation\u27\u27, \u27\u27fundamental breach\u27\u27 and \u27\u27frustration of contract\u27\u27. The author attempts to compare a charterer\u27s withdrawal from contract under Yugoslav maritime law with \u27\u27repudiation\u27\u27 in English law. Dealing with the problem of the recovery of damages, the author tries to explain the meaning of the terms: \u27\u27remoteness of damage\u27\u27, \u27\u27measure of damages\u27\u27 and \u27\u27mitigation\u27\u27. The central theme of this paper is calculation of damages in case charterer\u27s repudiation. A practical example of a calculation is given through two case analysis. The \u27\u27Concordia C\u27\u27, a case presented to the Queen\u27s Bench Division - Commercial Court, and a case concerning the practice of a Yugoslav shipowner are examined using English law. In both cases calculations are made that put owner in the same financial position he would have achieved if the contract had been performed. Thirdly, the subject-matter of this paper is the Penalty (Indemnity) clause in charter parties