trade usage, or in the surrounding circumstances generally, which would support our constructing a condition of performance." Thus, the court reasoned that the contract required shipping of the cargo to Iran and there was no contractual language that conditioned such shipping. In fact, the court referred to several cases that indicated that the Cape route was generally regarded as an alternative means of performance.
However, this does not specifically address the question of whether Transatlantic may recover the added expenses of such shipment from the United States. In addressing this question, the court was required to determine to which contracting party the risk of the Canal's closure had been allocated. The court first maintained that most business people with interests in the region were aware of the vola
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