ABSTRACT
As discussed previously, for a vessel to be seaworthy, she “must have that degree of fitness which an ordinary, careful and prudent owner would require his vessel to have, having regard to all the probable circumstances of the voyage.” The requirement of fitness under time charter that the ship be fit for the charter service imposes on owners an obligation to ensure that the ship is seaworthy on delivery. The words “in every way fitted for ordinary cargo service” constituted an express warranty of seaworthiness. If there was an express warranty of seaworthiness in charter, and unless the ship was timeously delivered in a seaworthy condition, including the necessary certificate from the port health authority, the charterers are entitled to claim damage against the owners for their breach.
