... Chamber (1856) 6 E & B 953 A ship was required to load a cargo at Odessa within 45 days. The ship's master was informed before the expiry of the laydays that no cargo would be available. However, the master decided to stay at the port and wait for a cargo to be loaded. Before the 45 days were up the contract was frustrated by the outbreak of war, thus making it illegal to load a cargo at an enemy port. The case was held as the ship owners could not recover any damages for the anticipatory breach in failing to provide a cargo as the ship's master had confirmed. Where as if the master had sailed the ship away upon receiving the information, the cargo could have been loaded at a friendly port and the ship owner would have the right to claim damages for loss caused by the ...

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