185. Delay in delivery.

Precise times for delivery under a time charter, binding the owner to deliver at that time, are uncommon1. If such a term is present, it would seem that it is an innominate term, allowing the charterer to claim damages for late delivery but to cancel only if the delay is repudiatory. The charterparty will be frustrated if the delay is of such length as to render the eventual performance a thing radically different from that undertaken by the contract2. The question whether a prospective delay will have this effect depends on the situation as it objectively appeared at the