ABSTRACT
The cargoworthiness warranty has been employed to make sure that the goods shipped are carried safely to their destination and it requires the ship and her equipment to be fit for this purpose. In carriage of goods by sea, the scope of the implied warranty of seaworthiness is wide enough to cover “cargoworthiness” as well. 5 Therefore, the term “seaworthiness” in a bill of lading, prima facie , includes both fitness of the ship to encounter the perils of navigation and her fitness to carry cargo. 6 In marine insurance, on the other hand, cargoworthiness has been regulated as a separate implied warranty, other than the implied warranty of seaworthiness, by s. 40(2) which is worded as follows:
In every voyage policy on goods or other moveables there is an implied warranty that at the commencement of the voyage the ship is not only seaworthy as a ship, but also that she is reasonably fit to carry the goods or other moveables to the destination contemplated by the policy.
