Facts
- Prior to the chartering of a ship, the charterers discovered that the ship was not seaworthy; the crew were alcoholics and the ship’s engine was broken
Issue
- Was the charter party breached?
Decision
- No
Reasoning
- Seaworthiness was neither a warranty or a condition, it was an innominate term in the contract which could be breached in many different way, judicial discretion, not repudiatory
