The Obligation of Seaworthiness: Shipowner and Charterer
NUS - Centre for Maritime Law Working Paper 17/11
45 Pages Posted: 26 Dec 2017
Date Written: December 26, 2017
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
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