179. Test of whether term condition in charterparty.

As in the general law of contract1, certain breaches of a charterparty are considered to be repudiatory, such as to give the party not in breach the option of terminating it, an option whose attraction will vary with the movement of the charter market compared with the rate of freight or hire agreed in the charterparty. A party is in repudiatory breach if he is in breach of a condition2 or of an innominate term3 the effect of the breach of which goes to the root of the contract.

Whether or not a term is a condition may be expressly