Seaworthiness
A relative and flexible term
If the presence of a rat or some few rats on board a wheat or rice carrying ship makes her unseaworthy, very few such vessels, if any, would be seaworthy; for, I presume few, if any, are absolutely free from rats.
Per Lopes LJ in Pandorf & Co v Hamilton, Fraser & Co (1885) 16 QBD 629 at p.632.
The seaworthiness is a relative and flexible term, Blackburn J stated in Burges v Wickham [1863] EngR 314; (1863) 3 B & S 669 at 693-4:
A merchant in old times about to send out a vessel, if he did his utmost to fit her for what was then a perilous voyage, fulfilled his duty to his co-adventurers who risked their goods, and the crew who risked their lives, on board the vessel; if he did so to the extent which was then usual and of course in the transaction, he could not be expected to do more than was then practicable ; but a modern shipowner, who was to send a ship on the same voyage no better fitted than the ancient vessel, would not fulfil his duty to either one or the other, for the very reason … that the standard of seaworthiness had been raised
Degree of seaworthiness depends on the nature of the trade, on the particular voyage on which the ship is about to embark and on the particular stages of that voyage, as well as on the nature of the ship itself. Vessel furthermore is not fit for the voyage if she is not manned by a competent crew.
Duty to provide a seaworthy ship at common law also includes cargoworthiness, which is an undertaking that the vessel should be reasonably fit to receive and carry the cargo and deliver it at the specified destination, see Empresa Cubana Importada de Alimentos ‘Alimport’ v Iasmos Shipping Co SA, The Good Friend [1984] 2 Lloyd’s Rep 586.
Obligation as to seaworthiness contemplates not only readiness of cargo compartments to receive cargo, but goes beyond only physical state of the vessel, see Alfred C Toepfer Schiffahrtsgesellschaft mbH v Tossa Marine Co Ltd (The Derby) [1985] 2 Lloyd’s Rep. 325, where it was held that NYPE 1946 wording that "vessel … to be ready to receive cargo … and in every way fitted for the service … (and with full complement of officers, seamen …" covers also:
… the requirement that the vessel must carry certain kinds of documents which bear upon her seaworthiness or fitness to perform the service for which the charter provides. Navigational charts which are necessary for the voyages upon which the vessel may be ordered from time to time are an obvious illustration. For present purposes, however, we are concerned with certificates bearing upon the seaworthiness of the vessel. The nature of such certificates may vary according to the requirements of the law of the vessel’s flag or the laws or regulations in force in the countries to which the vessel may be ordered, or which may lawfully be required by the authorities exercising administrative or other functions in the vessel’s ports of call pursuant to the laws there in force. Documents falling within this category, which have been considered in the authorities, are certificates concerning the satisfactory state of the vessel which is in some respect related to her physical condition, and accordingly to her seaworthiness. Their purpose is to provide documentary evidence for the authorities at the vessel’s ports of call on matters which would otherwise require some physical inspection of the vessel, and possibly remedial measures - such as fumigation - before the vessel will be accepted as seaworthy in the relevant respect. The nature of description of such certificates, which may accordingly be required to be carried on board to render the vessel seaworthy, must depend on the circumstances and would no doubt raise issues of fact in individual cases.
Leave your questions and comments here
Although author encourages visitors to leave their comments using this form, but should you be unable or unwilling to use it for any reason you can mail to info@lawandsea.net to contact with him.