— Also termed charter agreement. [Cases: Shipping 37. C.J.S. Shipping §§ 76–77.]
“Charter partie (charta partita) is nothing but that which we call a paire of indentures, conteining the covenants and agreements made betweene merchants, or sea faring men touching their marine affaires.” John Cowell, The Interpreter (1607).
“The instrument by which a vessel is leased is a charter party. The term is derived from charta partita, i.e., a deed of writing divided; in earlier times the charta partita, like the indenture agreement, was prepared in two parts, the ship owner retaining one part and the charterer the other…. While a charter party need not be in writing, most charters today are detailed written documents drawn to accommodate the particular needs of shipper and carrier in a certain type of trade or commerce.” Frank L. Maraist, Admiralty in a Nutshell 44–45 (3d ed. 1996).
