Under common law, the shipowner has duty to provide a seaworthy ship at the time of voyage in order to discharge his risk. If the goods are damaged by any causes, the shipowner is responsible for it as insurer. Notwithstanding, the shipowner may not be liable if he is protected by the exceptions. The vessel seaworthy begin at the time the good are on board until she ready to sail to sea[1]. For the example in case of McFadden v Blue starline after loading of cargo had been safely finished, the ship’s engineer opened a sluice door on watertight bulkhead and on closing it, fail to secure it suitably. It had been cause of percolating though and damaged the claimant’s cargo. It was judged that, as the defective closure of the sluice door occurred after the cargo had been loaded, it did not settle the breach of the cargoworthiness undertaking. Base on this case, it could be said that the responsibility of seaworthy ship is ended, when the cargo had been safely loaded.
ไม่มีความคิดเห็น:
แสดงความคิดเห็น