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WHEN A SHIP SHOULD BE SEAWORTHY

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1WHEN A SHIP SHOULD BE SEAWORTHY Empty WHEN A SHIP SHOULD BE SEAWORTHY Sat Sep 20, 2008 10:56 pm

barrister

barrister
Reclusion Perpetua

An implied warranty of seaworthiness is complied with if the ship be seaworthy at the time of the commencement of the risk, except in the following cases:

1. Time policy – When the insurance is made for a specified length of time, the implied warranty is not complied with unless the vessel is seaworthy at the commencement of every voyage it undertakes during that time;
2. When the insurance is upon the cargo which, by the terms of the policy, description of the
voyage, or established custom of trade, is to be transshipped at an intermediate port, at
the commencement of each particular voyage;
3. Where different portions of the voyage are contemplated, at the commencement of each
portion;
4. When the ship was unseaworthy at the commencement of the voyage but becomes
unseaworthy during the voyage to which an insurance related, and unreasonable delay in
repairing the defect exonerates the insurer on ship or shipowner’s interest from liability
from any loss arising therefrom.

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