Seaworthiness and due diligence
The Article III rule 1 obligation, its non-delegable character, and who bears the burden of proof.
Seaworthiness under Hague-Visby Article III rule 1 requires the carrier to exercise due diligence before and at the beginning of the voyage to make the ship seaworthy, to man, equip and supply her properly, and to make the cargo spaces fit and safe for the carriage. It is an obligation of due diligence, not an absolute warranty.
The duty is non-delegable, so the carrier answers for want of care by those it engages, and the burden matters as much as the standard. In Volcafe Ltd v Compania Sud Americana de Vapores SA [2018] UKSC 61 the Supreme Court held that the carrier bears the legal burden of disproving negligence under both Article III rule 2 and Article IV rule 2.
The full article will cover the elements of seaworthiness including crew competence, the temporal scope of the obligation, the non-delegable character, the burden of proof after Volcafe, and the effect of unseaworthiness on a general average contribution.