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MARINE INSURANCE ACT 1906 - SECT 39

Warranty of seaworthiness of ship.

39.(1) In a voyage policy 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 that 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
insured.

(5) In a time policy there is no implied warranty that the ship shall be
seaworthy at any stage of the adventure, but where, with the privity of the
assured, the ship is sent to sea in an unseaworthy state, the insurer is not
liable for any loss attributable to unseaworthiness.

© 1906 Crown Copyright

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