The Obligation of Seaworthiness: Shipowner and Charterer

NUS - Centre for Maritime Law Working Paper 17/11

NUS Law Working Paper No. 2017/019

45 Pages Posted: 26 Dec 2017  

Stephen Girvin

National University of Singapore (NUS) - Faculty of Law

Date Written: December 26, 2017

Abstract

The obligation to provide a seaworthy ship is core in the carriage of goods by sea, including in charterparties, where the contract of carriage is between a shipowner and a charterer. As seaworthiness is not usually defined in modern standard form charterparties, the meaning of the concept has to be ascertained from cases decided at common law. In charterparties, whether time, voyage or bareboat, it is normal for the obligation to be laid down in express wording, often describing the standard required as one of due diligence. Alternatively, such a due diligence standard is imported into the charterparty by means of a paramount clause, bringing into the charterparty the relevant terms of the Hague or Hague-Visby Rules or some domestic statute giving effect to those Rules.

Keywords: Seaworthiness, Charterparty, Due Diligence, Paramount Clause

Suggested Citation

Girvin, Stephen, The Obligation of Seaworthiness: Shipowner and Charterer (December 26, 2017). NUS - Centre for Maritime Law Working Paper 17/11; NUS Law Working Paper No. 2017/019. Available at SSRN: https://ssrn.com/abstract=3093178 or http://dx.doi.org/10.2139/ssrn.3093178

Stephen Darryl Girvin (Contact Author)

National University of Singapore (NUS) - Faculty of Law ( email )

469G Bukit Timah Road
Eu Tong Sen Building
Singapore, 259776
Singapore

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