ABSTRACT
Under common law, in the absence of any clear terms to the contrary, it is implied that the vessel is suitable for navigation and can perform the contract voyage. This is an “absolute” undertaking of seaworthiness rather than making the vessel seaworthy with due diligence.
The shipowner’s requirement to provide a seaworthy ship is for the ship to be equipped with appropriate personnel and equipment to meet the common hazards that may be encountered when performing the required services. At the same time, it must be cargo-worthy and capable of loading designated goods. As far as the first aspect of the concept of airworthiness is concerned, the promise implied in the common law includes not only the ship’s conditions and equipment but also the capabilities of the crew and the adequacy of the ship’s equipment and documents. Therefore, if the ship has a defective main engine or a defective compass, or the storage method of deck cargo makes the ship lose its stability, the ship is unseaworthy.
