Conclusion on 3rd Section Sample Clauses

Conclusion on 3rd Section. Within Danish and Norwegian law, an absolute requirement in order for the shipmanager not to be bound is that he actually acts in the name of the shipowner. It is important that the shipmanager at the conclusion of the contract with a third party, clearly states that he merely acts as the shipowner’s representative and does not want to enter into a legal relationship with the third party. If the shipmanager has made it clear to the third party that he acts as an agent and who the principal is, he will not be bound by the transactions and therefore he will not be considered as the contracting party. After a review of the rulings, it seems that a party may be bound as a contracting party or obligated in accordance with the contractual rules even if the shipmanager according to a traditional perception has not made any promises and just acting as an agent. The rulings states that a shipmanager will become liable if he not in a sufficiently clear way emphasize the role of the parties and that he merely acts as an agent for another party which is obligated instead. The rules of contract law lays down obligations to the manager that he must act with loyal behaviour, fair conduct and reasonable preparation of the relationship between the parties. In English law when the shipmanager contracts expressly as agent for a named or identifiable shipowner, third parties contract with the shipowner, not the shipmanager. If a xxxxxxxxxxx signs a contract in his own name, he will become liable unless it is clear from the document that he is signing in his capacity as agent. Like it is stated in the rulings, it is not suffice to ad “agent” or “manager” to the contract, but it must be clear that he is acting in a representative capacity. Where the shipmanager clearly states that he is acting on behalf of the principal but without identifying the principal, he will normally still not be liable. The fact that a shipmanager is “known” to be a manager is insufficient to create a proper agency relationship with third parties. The difference between Danish and Norwegian law and English law is not big. Both law systems states that a shipmanager must make it clear that he is acting as an agent, but in English the name or identity of the principal does not have to be written in the contract with third party, compared with Danish and Norwegian law where the shipmanager has to tell who the principal is. Within commission under Danish and Norwegian law the shipmanager still acts on behal...
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