LEGAL STRATEGY APPLIED TO THE SEAWORTHINESS IN CASE OF DAMAGED GOODS CARRIED BY SEA

Abstract

The duty to provide a seaworthy ship is considered as one of fundemental obligations in charterparty. Through nearly 200 years, the existence and development of the doctrine relating to the seaworthi-ness has appreciated in the history of maritime industry. This article aims to clarify the legal meanings of seaworthiness, espcially on the subject of damaged goods. In particular, the legal meanings of seaworthiness,  following the revolution of seaworthiness, will be analyzed. Taking these analysis into account, the legal strategies of carrier, shipper will be clarified in case of claim relating to the seaworthiness in case of damaged goods.