ABSTRACT
Section 40(2) has imposed two implied warranties in a voyage policy on goods or other moveables. There is an implied warranty that the ship on which the cargo is carried is: • seaworthy at the commencement of the voyage; and • reasonably fit to carry the good or other moveables to the destination
contemplated by the policy: that is, she is also cargoworthy. As these provisions are now overridden by the ‘unseaworthiness and
unfitness exclusion clause’ (cl 5) of the ICC (A), (B) and (C), which has already been discussed earlier, very little need be said here about them except that the former relates to seaworthiness pertaining to the ship’s ability to encounter the ordinary perils of the sea, whilst the latter is concerned with her capability to carry the particular cargo in question, commonly referred to as the implied warranty of cargoworthiness in the law of carriage of goods by sea.
