Where a voyage charterparty contains a term that the ship is to sail1 for the port of loading, or to arrive there2 or is 'expected ready to load' there3 by a named day, the term is presumptively construed as a condition4. If it is not complied with, the charterer may refuse to load, even if the failure is otherwise due to an excepted peril so that there is no breach of contract5.
A charterparty often contains a cancelling or 'laycan' clause under which the charterer is given the option of cancelling the charterparty if the ship is not ready to
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