Extract to table

The standard NYPE 2015 language provides that the vessel shall be "tight, staunch, strong, and in every way fitted for the service

This is the primary provision under which Northwind alleges breach by TSL, and is the provision against which the latent defect defense must be evaluated

TSL must demonstrate that the defect that caused the turbocharger failure was hidden and not discoverable through reasonable inspection or the exercise of due diligence

TSL must establish a causal nexus between the hidden defect and the turbocharger failure

All three elements must be established; the failure to prove any one of them will defeat the defense

His opinions will be central to the defense and must be grounded in a thorough review of the available physical and documentary evidence