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Seaworthy

Legal definition for Indian law research

Definition

Seaworthy, a term applied to a ship, indicating that she is, in every respect, fit for her voyage. It is provided in all charter-parties that the vessel chartered shall be tight, staunch, and strong, well apparelled, furnished with an adequate number of mariners, sufficient tackle, provisions, etc. If the ship be insufficient in any of these particulars, the owners, though ignorant of the circumstance, will be liable for whatever damage may inconsequence be done to the goods of the merchant, and if any insurance have been effected upon her it will be void. In a voyage policy a warranty of seaworthiness is implied, but not in a time policy, see Dudgeon v. Pembroke, (1877) 2 App Cas 284. But see Carriage of Goods by Sea Act, 1924, s. 2 and Sch., Art. III. 1 and Art. IV. 2, and Merchant and Shipping Act, 1894, ss. 457, 459.

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