Great Peace Shipping Ltd v Tsavliris Salvage (International) Ltd (The "Cape Providence" and The "Great Peace") - QBD (Com Ct)(Toulson J) - 9 November 2001

Mistake - Charterparty fixed on mutual but incorrect assumption that vessel's position, as provided by Ocean Routes, was correct - Whether charterparty void at common law for fundamental mistake - Whether there exists an equitable jurisdiction to set aside a contract on terms on the ground of mutual mistake - Reasoning of Lord Denning in Solle v Butcher not followed by High Court

In September 1999 the vessel Cape Providence was on her way from Brazil to China with a cargo of iron ore when she suffered serious structural damage in the South Indian Ocean. The defendant salvage company learned that the vessel was in difficulties and offered their salvage services, which were accepted. To find a tug they approached a firm of London brokers. A tug was found but it would take 5 or 6 days for the tug to reach the Cape Providence from Singapore, so the defendants asked the brokers to try to find a vessel in the vicinity of the Cape Providence which would be willing to assist, if necessary, with the evacuation of the crew.