Obligations Of Seaworthiness

At common law the vessel must be fit to receive the goods when loading begins, but it is not necessary that she be fit for sailing. The quite separate undertaking that the ship shall be fit to encounter the perils of the voyage does not attach before she sails. Similarly, if when the vessel sails, she is fit as a ship to sail, it is immaterial if she has become unable in the meantime to carry the cargo safely by reason of bad stowage. The position would be different if the bad stowage affected the ship’s own safety, for example by making her unstable.