What is the liability if the ship was not fit to sail when receiving cargo?

Prepare for the Maritime Commerce Test with our Special Contracts quiz. Featuring flashcards and multiple choice questions, each with hints and detailed explanations. Excel in your maritime exam today!

When a ship is not fit to sail at the time it receives cargo, the captain loses the right to freight and may be required to compensate the charterers. This situation arises because a vessel's seaworthiness is a crucial expectation in maritime contracts. The obligation to ensure that the ship is fit for its intended voyage is typically placed on the owner and, by extension, the captain.

If a ship is found unfit, it indicates a breach of the charter agreement or shipping contract. In such cases, not only does the captain forfeit the right to collect freight charges, but they may also be liable for damages incurred by the charterers, which can include costs associated with delays, alternative shipping arrangements, and any loss of revenue they might suffer due to the unseaworthiness of the vessel.

Other responses may incorrectly suggest various degrees of liability or rights that do not align with established principles in maritime law. Thus, the correct response emphasizes both the loss of freight rights for the captain and the potential financial responsibility to the charterers due to this breach of contract.

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