A ship sank with the entire loss of the cargo. The cargo owners sought damages from the owners, saying that the ship was unseaworthy. The ship was of an unusual construction, requiring a certain amount of water ballast to be mainatined for the ship to be stable. The owners knew this but did not tell the ship’s master, who failed to act accordingly.
Held: The owners of the ship were liable to the cargo owners. The ship was not seaworthy in the absence of proper instructions.
Citations:
[1924] AC 100, 40 TLR 148, 68 SJ 234, 29 Com Cas 75, 130 LT 481, [1924] SC (HL) 1, 93 LJPC 49
Cited by:
Cited – Manifest Shipping Co Ltd v Uni-Polaris Shipping Co Ltd and Others HL 23-Jan-2001
The claimant took out insurance on its fleet of ships (the Star Sea). It had been laid up in its off season. The ship’s safety certificates were renewed before it sailed. It was damaged by fire. The insurers asserted that the ship had been . .
Lists of cited by and citing cases may be incomplete.
Transport
Updated: 29 April 2022; Ref: scu.182838