5.3 Remedies
5.3.1 1A
Pursuant to our conclusion above, the 1A owner is in the same remedial position as the 1B owner. Consider a charterer that issues a 15-day approximate notice on 15 January only to redeliver on short notice on 20 January. The owner in that instance may claim compensation by way of damages premised on a correctly given earlier notice.
5.3.2 3C
The first question is whether the owner has a right to refuse an order that is incompatible with the already communicated date of redelivery. It is not difficult to agree that the owner is equally within his right to refuse as when the similar question arises in relation to the charter period.(1) Michelet (1997), p. 186 in relation to charter period extensions. This is an important remedy for the owner to ensure that he can rely on notice, as illustrated by the facts of The Zenovia. There are many nuances to the question of under what precise circumstances the owner is in his right to withdraw, with respect to the state of loading, where the vessel is and where it is on its way.(2) See in particular the discussion in Michelet (1997), pp. 186–191. It is beyond the present scope to discuss these matters, but it seems appropriate to rely on already developed concepts akin to legitimate and illegitimate final voyage orders. This is also the solution in clause 4b NYPE 2015.(3) NYPE 2015 Explanatory notes, p. 6. The clause obliges the charterer to refrain from giving orders incompatible with notice and is probably best understood as a response to The Zenovia.
Finally, it can probably be ruled out that the principle in MC § 389 second paragraph applies by analogy to overstays of notice, so that the owner in any case must base his remuneration on the charter rate until redelivery. MC § 389 second paragraph corresponds to the concept of additional performance under a contract,(4) Alvik (2014), pp. 242–243. where the debitor performs beyond the mutually pre-agreed boundaries. An overstay of notice does not call upon that principle so long as redelivery occurs within the lawful charter period.