223. Implied undertaking of seaworthiness during loading.

At common law, a voyage charter contains an implied warranty that the ship is seaworthy at the time when loading begins1. If, therefore, she is not seaworthy, in the sense of being fit to receive her cargo2, she cannot be considered ready to load; the owner of the goods is justified in refusing to put them on board3, and may sue the shipowner for damages4. If the breach of the undertaking is not discovered until after the goods have been loaded, the charterer may demand their redelivery, and recover damages from the shipowner to cover, for example, the expenses