There are two implied warranties in a voyage policy on goods or other moveables. There is an implied warranty that the ship on which the cargo is carried is:
• Seaworthy at the commencement of the voyage; and
• Reasonably fit to carry the good or other moveables to the destination contemplated by the policy: that is, she is also cargoworthy.
The former relates to seaworthiness pertaining to the ship’s ability to encounter the ordinary perils of the sea, whilst the latter is concerned with her capability to carry the particular cargo in question, commonly referred to as the implied warranty of cargoworthiness in the law of carriage of goods by sea.
The familiar distinction between uncargoworthiness and bad stowage, however, needs to be discussed here. Bad stowage can, of course, cause a ship to become unseaworthy, but only if it affects her stability and ability to encounter the ordinary perils of the sea. But bad stowage which does not interfere with the ship’s capability to combat ordinary sea perils is just pure and simple bad stowage and will not offend the implied warranties of seaworthiness or cargoworthiness.
Though the ship has to be seaworthy, there is no implied warranty that the goods or moveables have to be seaworthy, or that they have to be able to endure the stresses or vicissitudes of the sea voyage.
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