It was stated by Channell J in McFadden v Blue Star Line,, that: “A vessel must have that degree of fitness which an ordinary careful and prudent owner would require his vessel to have at the commencement of her voyage having regard to all the probable circumstances of it…Would a prudent owner have required that it (i.e. He must prepare the holds and cold rooms and other parts of the vessel to receive, carry and preserve the goods”. The carrier must before setting sail and upon the commencement of a voyage use the necessary care to put the vessel in a seaworthy condition and to fit it out, man it and provision it properly. However, the same duty to provide a seaworthy vessel was lessened for the carrier, to only provide a seaworthy vessel before and at the commencement of each voyage, as per Article 272 (1) of the said law which provides that: “1. In addition Article 245 Section 3 “Time Charter” and Article 253 section 4 “Bareboat Charter” of the said law, provided the same wordings of the aforesaid article. Moreover, the same was enacted at the UAE Maritime Law, Article 227 under Section 2 of Chartering the Vessel for a Voyage, which provides: “The disponent owner must put the vessel in question at the disposal of the charterer at the time and place agreed in a seaworthy condition and properly equipped in such a manner as to carry out the voyage or voyages specified in the charter-party and likewise he must keep the vessel in such condition throughout the voyage or voyages the subject of the charterparty”. It was provided in Kopitoff v Wilson,, that “The shipowner is, by nature of the contract, impliedly and necessarily held to warrant that the ship is good, and is in a condition to perform the voyage then about to be undertaken, or, in ordinary language, is seaworthy, that is, fit to meet and undergo the perils of the sea and other incidental risks to which she must necessarily be exposed in the course of the voyage.” For example clause 2.1 of BPTIME states that “Upon delivery the vessel shall be tight, staunch and strong and in every way fit for service…”Įven if there is no express seaworthiness clause, the duty to provide a seaworthy ship is, nevertheless, implied at law. Notwithstanding that, other clauses in the charterparties may not mention the seaworthiness expressly but nevertheless, have the same effect. For instance, clause 1 of ASBATANKVOY provides that “…and being seaworthy and having all pipes, pumps and heater coils in good working order, and being in every respect fitted for the voyage…”

Most of contracts of carriage “particularly charterparties” provide expressly that the ship should be seaworthy. To prosecute voyages with reasonable dispatch.To comply with charterers’ legitimate employment instructions.To properly and carefully load, handle, stow, carry, keep, care for, discharge and deliver the cargo.

To provide a seaworthy ship which complies with the charterparty description.It is worth noting initially that the Shipowners Duties are the Charterers’ Rights, the various duties of the Shipowners can be summarised as follows:

Worthy vessel meaning