Friday, September 13, 2019
When do the hague visby rules apply Essay Example | Topics and Well Written Essays - 1500 words
When do the hague visby rules apply - Essay Example includes, apart from several other aspects, the physical state of the vessel, the competency as well as adequacy of the crew, the adequacy of fuel as well as other sundry supplies which may include the facilities that are necessary as well as appropriate in accordance with the requirements of the carrier. a. The vessel must have suitable and sufficient manpower, as well as adequate equipments to combat and survive the ordinary perils of the sea that could be encountered during the voyage, and that are deemed necessary for performing the services required of it Under The Hague ââ¬â Visby Rules, the ship owner is under a continuous obligation to exercise due diligence to provide a sea worthy vessel which includes providing of a competent crew, at the commencement of each voyage. Moreover, such an obligation also extends to the shore staff of the company, where the ship owner could well be held responsible in the event of loss or damage caused to the carrier / goods of the company. The types of deficiencies that could lead a vessel to be deemed as unseaworthy include, Defective Engines, Defective Compass, Incompetency of the personnel hired to man the vessel ââ¬â such as employing of incompetent engineers as well as other officers, the stowing of the Deck cargo in a way that has the effect of rendering the vessel unstable. In general, The Hague ââ¬â Visby Rules, entrusts the ship owner with an additional liability of exercising due diligence and care in providing a seaworthy ship which must ââ¬Å"have the degree of fitness which an ordinary careful and prudent owner would require his vessel to have at the commencement of her voyage having regard to all the probable circumstances of itâ⬠(source: G.P. Pamborides, International Shipping Law: Legislation and Enforcement,page-154) The failure of the crew to adhere to the established procedures of the company and the subsequent casualty arising out of such negligence, leads to an impending liability on the company, either
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