Implied Obligations in Contracts of Affrreightment

In the absence of agreements, the terms under here will be implied to the contracts of Affrreightment.

1.Duty to Load the Cargo
The shipper is required to provide the amount and type of cargo specified in the contract. The charterer has the duties of bringing the cargo to the loading place and putting the cargo on board the designated vessel

2.Duty to Proceed with Reasonable Dispatch
The carrier has to dispatch the goods within a reasonable time.

3.Seaworthiness
Shipowner has to provide a seaworthy’s ship. (For example, fit to receive the cargo to be carried, fit to undergo the perils of the sea, competence crew, etc)

4.Duty Not to Deviate
The ship will not deviate from the contractual route unless justifiable deviation. (For example, deviation for purposes saving human life)

5.The Obligation to Nominate a Safe Port
In the contract of Affrreightment, whoever has the right to nominate the port, he has to nominate a safe port.
A safe port means “a port will not be safe unless, in the relevant period of time, the particular ship can reach it, use it and return from it without, in the absence of some abnormal occurrence, being exposed to danger which cannot be avoided by good navigation or seamanship.”

References
M. Devine, Carriage of Goods by Sea: Contracts of Affreightment Obligation
Hick v Raymond & Reid [1893]
Hong Kong Fir Shipping Co. v. Kawasaki [1962]
Sellers L J in The Eastern City [1958] 2 Lloyds Rep. 127 at 131
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