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ARTICLE · 13 JULY 2011

Dodging Bullets As An Agent

The role of a ship’s agent is ordinarily to communicate and make commercial arrangements between a principal and third parties.

AustraliaTransport

The role of a ship's agent is ordinarily to communicate and make commercial arrangements between a principal and third parties.

As a general rule, when the agent is (and is seen to be) only facilitating rather than directly conducting operations, the chances of the agent having legal responsibility when something goes wrong remain reasonably low. If the lines blur, trouble can follow but here are three habits and defensive techniques that agents can adopt to help avoid difficulties.

Ship's agents should always make it clear that they are acting as an agent when conducting commercial dealings. Most agents do sign commercial documents - and all correspondence - "as agent only" as a matter of routine. Nonetheless it is worthwhile reinforcing that this is an essential risk minimisation technique.

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