chapter  15
12 Pages

Redelivery

Date of breach 15.15 What is the effect of the charterers’ redelivering the ship without giving any notice? It

is thought that the charterers commit a breach of charter on the date that the ship is redelivered, consisting in having failed to serve notice of redelivery the necessary number of days previously: see The Niizuru [1996] 2 Lloyd’s Rep. 66, at page 73, where an analogous point in

15.16 Similarly, where the charterers give shorter notice of redelivery than the charter requires (say, three days’ notice when the charter requires seven), they are probably guilty only of a threatened breach until they actually redeliver upon that short notice. Accordingly, the owners are under no duty to mitigate until the ship has been redelivered: see The Liepaya [1999] 1 Lloyd’s Rep. 649, per Rix, J., at page 672.