Jurisdiction and Choice of Law in Relation to Determination of Third Party’s Claim Against The Shipmanager Sample Clauses

Jurisdiction and Choice of Law in Relation to Determination of Third Party’s Claim Against The Shipmanager. The legal relationship between the third party and the shipmanager is – in a case like this where the relationship may be considered contractual – comprised by, for example the Rome Convention as regards Denmark and England. This will be repeating the above and since no questions of special interest appear from this, it will not be commented any further in the present text. However, the Hague Convention concerning agency, which as mentioned above has not yet been ratified by neither Norway, nor Denmark, nor England, contains some reasonable and useful considerations which will be described below. The relationship between the shipmanager as a possible contracting party and a third party must according to Article 15 of the Hague Convention concerning agency, the rules applicable under Article 11-14 in the relationship between the principal and a third party also apply to the relation-ship between the agent and a third party. The background for this rule is that it was considered desirable to apply a single country’s rules to both external legal relations resulting from the agency. When the agent exceeds his authority or acts without any authority, the third party has no contractual claim against the principal and, likewise, the third party cannot be considered having obtained any contractual claim against the agent. These matters imply that in most cases the third party’s claim against the agent should be considered a claim in damages which is why the relationship is not comprised by, e.g., the Rome Convention, cf. Article 1(1). However, if the relationship can be considered contractual, it must be assumed that Article 15 of the Hague Convention concerning agency comprises the relationship.
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Related to Jurisdiction and Choice of Law in Relation to Determination of Third Party’s Claim Against The Shipmanager

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