Sri Lanka Consolidated Acts

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Merchant Shipping Act (No. 52 of 1971) - Sect 206

Obligation of ship owner to crew with respect to seaworthiness

206.
(1) In every contract of service, express or implied, between the owner of a ship and the master or any seaman thereof, or in any instrument of apprenticeship whereby any person is bound to serve on board a ship, there shall be implied (notwithstanding any agreement to the contrary) an obligation on the owner of the ship that the owner of the ship and the master and every agent charged with the loading of the ship, or the preparing of the ship for sea, or the sending of the ship to sea, shall use all reasonable means-
(a) to ensure the seaworthiness of the ship at the time when the voyage commences; and
(b) to keep the ship in a seaworthy condition during the voyage.
(2) Nothing in sub-section (1) shall subject the owner of a ship to any liability by reason of the ship being sent to sea in an unseaworthy state where, owing to special circumstances, the sending of the ship to sea in such a state was reasonable and justifiable.


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