Although originally intended to be distinguished from a charterparty, the Courts now refer to a charterparty as a species of contracts of affreightment.
To illustrate, in Kremikovtzi Trade v. Phoenix Bulk Carriers Ltd., 2006 FCA 1, the Court described the facts of a case in which breach of such a contract was alleged, as follows:
"These proceedings arise from the alleged breach of a contract of affreightment dated July 22, 2005, pursuant to which the appellant agreed to ship on the respondent Phoenix’ ship, the Far Eastern Marina, a cargo of approximately 70,000 to 75,000 metric tons of coal (the cargo) for carriage from Vancouver, Canada, to Bourgas, Bulgaria.
"Phoenix says that in breach of its contractual obligations, the appellant entered into a contract with the owners of the ship Swift Fortune and loaded its cargo on that ship between September 3 and 5, 2005 in Vancouver."
Compare with charterparty and see also freight.
References and Further Reading: