Section 78: Obligation as to seaworthiness

78. Obligation as to seaworthiness (1) Subject to subsection (2), in every contract of employment between the owner of a Mauritius ship and the master of, or a seafarer employed in, the ship, there shall be implied an obligation on the owner that the owner, master and agent of the ship charged with— (a) loading the ship; (b) preparing the ship for sea; or (c) sending the ship to sea, to use all reasonable means to ensure the seaworthiness of the ship at the time of commencement of the voyage and to keep the ship in a seaworthy condition throughout the voyage. [Issue 2] M62 – 42 Revised Laws of Mauritius (2) No liability on the owner of a ship shall arise under subsection (1) in respect of the ship being sent to sea in an unseaworthy condition where, owing to special circumstances, the sending of the ship to sea in that condition was reasonable and justifiable.