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the shipowners undertaking to tender a seaworthy ship has as a result of numerous decisions as to what can amount to unseaworthiness become one of the most complex of contractual undertakings It embraces obligations with respect to every part of the hull and machinery stores and equipment and the crew itself It can be broken by the presence of trivial defects easily and rapidly remedial as well as by defects which must inevitably result in a total loss of the vessel per Diplock LJ in The Hong Kong Fir Shipping case 1962 2 QB 26 CAIn the Hong Kong Fir Shipping CoLtd v Kawasaki Kisen Kaisha Ltd case the principals were indeed fundamental The plaintiffs owners had chartered the Hong Kong Fir to the defendants charterers for twenty-four months from delivery to the charterers in Liverpool The vessel was delivered in Liverpool on February 13th 1957 The vessel then started it voyage to America to get a cargo of coal It then left for Osaka and was delayed by five weeks due to the repairs needed on the engine On arrival to Osaka the vessel was found to need more repairs due to the vessel being in very bad condition and was worked on for fifteen more weeks to make the vessel seaworthy by the time the vessel was rendered seaworthy it was September 15 but on the 6th of June and on the 11th of September the Charterers had written to the ownersplaintiffs repudiating the CharterIt is on the date of delivery of the vessel to the docks in Liverpool when the court found the vessel to be unseaworthy as the engine room staff were found to be incompetent and inadequate in number in view of the age of the vessels machineryIn this case the defendants had chartered the ship from the plaintiffs It was a term of contract that the ship was seaworthy In fact the ship was unseaworthy owing to the
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