ABSTRACT
A ship is deemed to be seaworthy when she is reasonably fit in all respects to encounter the ordinary perils of the seas of the adventure insured. 4
3.5 The crucial element in the definition of seaworthiness is, therefore, the ability of the vessel to encounter “ordinary perils” of the intended voyage. In assessing which perils will be regarded as “ordinary”, reference should be made to the decision of Mustill J, in JJ Lloyd’s Instrument Ltd v Northern Star Insurance Co ( The Miss Jay Jay ), 5 where he categorised weather conditions under three headings: (i) “abnormal bad weather” – here the weather lies outside the range of conditions which the assured could reasonably foresee that the vessel might encounter on the voyage in question; (ii) “adverse weather” – namely, weather that lies within the range of what could be foreseen, but at the unfavourable end of that range – in effect, the weather is worse than could be hoped, but no worse than could be envisaged as a possibility; and (iii) “favourable weather” – namely, weather that lies within the range of what could be foreseen, but is not bad enough to be classed as “adverse”. He concluded that in order to be regarded as seaworthy, the vessel must be fit to deal adequately with adverse as well as favourable weather.
