Discuss on the basis of relevant case law, the legal aspects of the Essay

Discuss on the basis of relevant case law, the legal aspects of the undertaking of seaworthiness in contracts for the carriage o - Essay Example This is a condition that must be fulfilled in order to avoid losses. Compensation will only be guaranteed when seaworthiness is adhered to all the times. A ship is said to be fit if it is in a condition that the owner can allow it to take a voyage. The probable future events are also put into consideration in the determination of seaworthiness (Wilson 2010, p.9-15). Sea worthiness is determined by the type of voyage to be made, and also the class of the vessel. Kopitoff v Wilson (1876) provides the meaning of seaworthiness. This essay seeks to discuss the legal aspect of understanding of seaworthiness in contracts for the carriage of goods by sea. Application of Hague Rules as amended Charter party contract is negotiable in a free market, and it is subject to the law of supply and demand. The rules were designed to clarify on the legality of the carrier of goods (Wilson 2010, p.9-15). There are clauses that guide the parties to the contract. The law of merchant holds water in the des igning and implementation of the rules to be considered in the contract. The Hague/Visby Rules provide a provision to the parties of the contract. All the contracts of Affreightment outline the provision of a sea worthy vessel for the work. This helps in reducing accidents, and also the risks of undertaking the business. There is the obligation rule to stick when carrying out the business of carrying goods via sea. The sea worthiness includes presence of competent crew and sufficient fuel for the voyage (Wilson 2010, p.9-15). The contracting parties are required to operate a fair business involving principle of indemnity. There should be disclosure of the contents of goods to be carried. This reduces the chances of carrying dangerous goods. In the case of Northern Shipping Co v Deutsche Seereederei GmbH & Ors, the vessel was carrying highly inflammable cargo. The cargo had not been declared appropriately. The law provides for the owner of the ship to avail a sea worth vessel. Any br each of contract will result to the nullification of the contract. The vessel availed for the transaction should be fit. Contracting States The Madeline [1967] stated about the non cancellation of charter agreement before the termination of the voyage. The Affreightment contract governed by Hague or Visby Rules, will have to abide with the principle of due diligence. This will facilitate the providence of sea worthy vessel. Any negligence caused by the contracting parties will result to liability (Wilson 2010, p.9-15). The liability can be reduced only by providing a sea worthy ship. Corporate social responsibility is one highly researched on in the recent years. The topic is a current loom in business arenas as scholars and managers seek to improve the way corporations do business. In its simplicity, corporate social responsibility refers to a school of thought of management where corporations are persuaded to engage in their business affairs in a responsible manner. It is a call f or organizations to participate in making their environmental constituents happier and better. This requires that corporations participate in a legal and a socially responsible manner (Wilson 2010, p.9-15). Therefore, an organization should estimate the market expectation and respond accordingly. There are twofold obligations to the ship owner when availing a sea vessel which is sea worth. The vessel must have competent crew to operate it and also necessary facilities for the operation. A vessel is