Merchant Shipping Act (Cap. 234), article 280

280. (1) In every contract of service, express or implied, between the owner or bareboat charterer of a ship and the master or any seaman thereof, and in every instrumen t of apprenticeship whereby any person is to serve as an apprentice on board any ship, there shall be implied, notwithstanding any agreement to the contrary, an obligation on the owner or bareboat charterer of t he ship that such persons, as a pplicable and the master and every person charged with the loading of the ship, or the preparing of the ship for sea, or of the sending of the ship to sea, shall use all reasonable means t o ensure the seaworthiness of t he ship for the voyage at the time when the voyage commences and to kee p her in a seaworthy condition for the voyage during the voyage. (2) Nothing in this article shall subject the owner of a ship or bareboat charterer to any liability by reason of the ship being sent to sea in an unseaworthy state wher e, owing to special circumstanc es, the sending of the ship to sea in such a state was reasonable a nd justifiable. Power to detain unsafe ships. Amended by: XXIV .1995.362. Substituted by: XXII. 2000.90.