246. Charterer excused by shipowner's default.

Where the delay in loading or failure to load is attributable to the shipowner's wrongful act or default1, the voyage-charterer is not responsible2 and can himself sue the shipowner for damages3. Where, however, there are fixed lay days, it does not avail the charterer that the cause which prevents him from performing his part of the loading would also have made it impossible for the shipowner to do his share of the work