Implied Warenties:

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Offline AbdurRahim

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Implied Warenties:
« on: August 10, 2014, 02:10:06 PM »
Implied Warenties:
These are not mentioned in the policy at all are assumed to have implied in the policy by law or custom and the parties to be fully as express warrenties. such warrenty include as------
1. Documentation of the ship: When a ship is expressly warranted neutral, there is an implied warrenty of seaworthiness at the commencement of the voyage. if the voyage is carried out in stages, the warreny must hold good at the commencement of each stage. A ship is deemed to be seaworthy when she is reasonably fit in all respects to encounter the ordinary perils of the seas of the advanture insured.
2. Legality of the voyage: This warrenty implies that the adventure insured is a lawful one, and that, so far as the assured can control the matter, the adventure shall be carried out in a lawful manner.
3. No change of voyage: When the destination of  the ship is changed intentionally after the commencement of the risk, ther is said to be change of voyage. There is an implied warrenty that there shall be no change of voyage. hence, where there is a change of voyage, the insurers is discharged from liability as from the time of change.
4. Seaworthiness of ship:  This warrenty applies only to voyage policies and ther is no implied warranty of seaworthiness in the policies. This warrenty implies that the ship should be seaworthy at the commencement of the voyafe. ig the voyage is carried out in stages, the warrenty must hold good at the  commencement of each stage.
5. No delay in voyagr: This warrenty applies only to voyage policies. this warrenty implies that there be no unjustified delay in prsecuting the voyage. if without should be no unjustified delay in prosecutin the voyage. if without lawful excuse, the voyage is not prosecute thoughout its course with reasonable despatch.
6. Non daviation from the route prescribed: There is also an implies warrenty that the ship should not deviate from the specified route of the voyage, or where no route is specified, she should not deviate from the usual and customary route. where several ports of discharge are apescified by the policy, she must proceed to them or such of them as good to this warrenty.






Offline riaduzzaman

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Re: Implied Warenties:
« Reply #1 on: August 11, 2014, 04:51:17 PM »
Is there any express warranties?
Md.Riaduzzaman
Assistant Professor, Department of Law
Daffodil International University
Dhaka, Bangladesh.