Fercometal SARL v. Mediterranean Shipping Co. S.A. (The Simona) - House of Lords (Lord Bridge, Lord Templeman, Lord Ackner, Lord Oliver and Lord Jauncey) - 16 June 1988

Whether options to cancel charterparty exercisable by charterers after their anticipatory breach of charter

The charterers had the option, under a Gencon charterparty, to cancel the contract if the vessel was not ready to load on or before 3/9 July 1982. The option had to be declared at least 48 hours before arrival at the loading port. On 2 July the owners asked the charterers to extend the cancelling date. The charterers did not agree to the extension and, on the same day, cancelled the charter. It was common ground that that constituted a repudiation of the charter by anticipatory breach.