primary is that of a shipowner to ensure proper description of the vessel; this obligation is aptly
captured under Part A (I) of the charter party. Under clause II of the charter party, the shipowner
is under duty to maintain the vessel in as far as possible to the description furnished to the
charterer pursuant to Part A (I) of the charter party. Moreover, according to Clause 28 of the
charter party, the shipowner is required to notify the charterer if the ship has ceased complying
with the description initially availed to the charterer. This notice is required to be reasonable and
communication made in a prescribed manner.
Tied to the duty of proper description of the vessel is that of ensuring that the vessel is
seaworthy. In Kopitoff v Wilson,5 the court gave its rendition of what is meant by seaworthiness
and held that it means the ability of a ship to be fit for the perils that are attendant to a voyage.
Therefore, the ship must be capable of meeting the terms of the voyage as crafted.
Whereas, previously under common law, the obligation of seaworthiness was absolute; Article
III of Hague/Visby Rules have modified it. The charter party having incorporated the above rules,
the shipowner is obliged to exercise due diligence and must take all the reasonable steps in
meeting this critical obligation.6
What are the duties and obligation of Charterer?
The charterer is under duty in accordance with Clause 3 (1) to nominate a port for loading and
discharge of goods. The choice of port must be a safe one where either loading or discharging of
goods is possible.7 Tied to the duty to nominate a port is the duty to order a ship to discharge in a
fresh port in case of extenuating circumstances.
In the Eastern City,8 the court opined that a port is safe if during the period of voyage, a ship can
reach it, use it and return from it without any abnormal occurrence that endanger its safety in
whatsoever and however manner.
Seized with the same principle on nomination of a safe port, the court in the Avia,9 stated that the
5 (1876) 1 QBD 377 at p 380.
6 ‘Implied obligations in a contract of affreightment’, <
https://catalogue.pearsoned.co.uk/assets/hip/gb/hip_gb_pearsonhighered/samplechapter/
Wilson_COGBS_C02.pdf > accessed 31st January 2020.
7 Ibid (n 1) above.
8 [1958] 2 Lloyd’s Rep 127 at p 131.
9 [1982] 2 Lloyd’s Rep 307.

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