ABSTRACT
When the definition of seaworthiness in s 39(4) is examined carefully, a few points could be noted. First, the duty to supply a seaworthy ship is not equivalent to a duty to provide one that is perfect and such as cannot break down except in extraordinary circumstances. It is sufficient if the ship has 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 probable circumstances of it.20 In the same sense, it has been held in the USA that it is not the best and most skilful form of the construction that is required to meet the warranty of seaworthiness, but only a sufficient construction for vessels of the kind insured and the service in which they are engaged.21 Moreover, the warranty does not imply that the assured of the vessel undertakes that she will be free from suspicion of unseaworthiness. It is enough if she is seaworthy in fact.22
