Van Niekerk op cit at 958. Some jurisdictions dealt with the requirement of seaworthiness in legislation see for instance the Placcaart of Philip II in 1563 which laid down criteria of seaworthiness for purposes of marine insurance. Prof. van Niekerk concludes that because of the statutory requirement of seaworthiness, it was not the practice of Dutch underwriters to make specific contractual provisions for seaworthiness. As marine insurance was an area generally beyond the reach of admiralty, one can presume perhaps that the development of the warranty was the province of the common law jurists. See Hare op cit para 17-2.2 at 655.
Insurance is a contract stricti juris.
If the covenants are clear in themselves, and contain nothing prohibited by law, the judge is not allowed to stray out of them. A condition is what the Roman Dutch lawyers refer to as an essential term which, if it goes to the root of the contract, would then give the right to repudiate. 1 Lloyd's Rep 545. Any international initiative to formulate rules should aspire to nothing less. Other areas of difference can be found inter alia in constructive total loss and abandonment, subrogation and utmost good faith.