Section 280: Implied obligation as to seaworthiness

(1)
In every contract of service, express or implied, between the owner of a ship and the master or any seaman of the ship and in every instrument of cadetship by which any person is bound to serve as a cadet on board any 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 to ensure the seaworthiness of the ship for the voyage at the time when the voyage commences, and to keep it in a seaworthy condition during the voyage.
(2)
Nothing in this section 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 justified.