CONTRACT LAW

Contract Law

Contract Law

Referring to the scenario Shippy Ltd. would still be liable as under Charterparties, contracts for the carriage of goods and bills of lading have inevitably become highly detailed documents, specifying the rights and duties of the relevant parties.We can see that Shippy deviated from its route by passing the Karachi port n addition this case falls within the scope of seaworthiness is specified within the documents.

It is not likely although to cover every conceivable eventuality in such documents. When an event happens that is not covered by the periods of the contract seaworthiness is expected to be at smallest one of the docks of call for litigants. Seaworthiness certainly presents a tool for argument settlement. It is a legal hazard the participants should navigate around.

The extent to which Seaworthiness acts as a deterrent to reckless behaviour or protects the innocent party is less clear. Even when the scope of the duty and the allocation of responsibilities are clear the courts still have to deal with causation. Recourse to the law is an uncertain business. For the purposes of clarity and simplicity the term seaworthy is used in this paper to denote the condition of a vessel as being seaworthy. Seaworthiness is used to denote the legal requirement to furnish a seaworthy vessel. The term “unseaworthiness” is used to denote a breach of the legal duty to furnish a seaworthy vessel and unseaworthy represents the condition of the vessel. 2 The Humber Ferryman case (1348) 22 YB 22 Liber Assisarum N041 f.94. A.D.Hughes, Casebook on Carriage of Goods By Sea. Blackstone 1994. p4. 3 Forward v Pittard (1785)1 TR 27; Coggs v Bernard (1703)2 Ld Raym 909. The development of the legal notion of seaworthiness may, by providing an incentive to furnish a seaworthy vessel have contributed to safety of life at sea but seaworthiness is a much narrower concept than that of safety. International Conventions and legislation6 promoting safety of life at sea now govern this area and detailed consideration of these provisions is beyond the scope of this paper. The Marine Insurance Act 1906 s39 (1) In a voyage po7icy there is an implied warranty that at the commencement of the voyage the ship shall be seaworthy for the purpose of the particular adventure insured. (2) Where the policy attaches while the ship is in port, there is also an implied warranty that she shall, at the commencement of the risk, be reasonably fit to encounter the ordinary perils of the port. (3) Where the policy relates to a voyage which is performed in different stages, during which the ship requires different kinds of or further preparation or equipment, there is an implied warranty that at the commencement of each stage the ship is seaworthy in respect of such preparation or equipment for the purposes of the stage. (4) A ship is deemed to be seaworthy when she is reasonably fit in all respects to encounter the ordinary perils of the seas of the adventure ...