The Due Diligence in Maritime Transportation in the Technological Era by Víctor Hugo Chacón

Author:Víctor Hugo Chacón
Language: eng
Format: epub
Publisher: Springer International Publishing, Cham

c. Evolution

In close connection with the relative aspect of the obligation, seaworthiness has an evolving character, requiring the assessment of this obligation to be done within a specific timeframe. Since the 19th century, judges have kept to almost the same definition for seaworthiness. It was noted that the vessel´s sufficiency could not be based on static positive legal rules, because the means and modes of navigation and cargo carriage are always subject to changes and improvements towards making them more efficient and safer.188 Back in 1827, in the case of Tidmarsh v. Washington Fire & Marine Ins. Co.,189 Story C. J. argued that:Much argument has been employed at the bar upon the question of the nature and extent of seaworthiness. It has been properly remarked, that the standard of seaworthiness has been gradually raised within the last thirty years, from a more perfect knowledge of ship-building, a more enlarged experience of maritime risks, and an increased skill in navigation. In many ports, sails and other equipment would now be deemed essential, which at an earlier period were not customary on the same voyages.190

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