An implied warranty of seaworthiness on the part of the vessel's owner lies in which document?
• Implied warranty of seaworthiness in cargo carriage law (basic maritime commercial law concept) • The primary legal purpose of a Bill of Lading / contract of carriage • The difference between regulatory certificates (e.g., COI, Classification) and private commercial contracts
• Which of these documents actually sets out (or is assumed to contain) the legal promises between the shipowner and the cargo owner? • Do government-issued certificates normally create private legal warranties to cargo interests, or do they just show compliance with regulations or class rules? • When cargo is damaged due to an unseaworthy vessel, which document will cargo interests usually rely on to bring a claim against the owner or carrier?
• Identify which document is a contract between carrier and shipper rather than a regulatory or technical certificate • Distinguish between a proof of condition/compliance (like a certificate) and a promise/warranty given to cargo owners • Confirm which document is routinely used in courts as evidence of the terms of carriage and the carrier’s obligations toward the cargo
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