177. Misrepresentation, mistake and duress.

Charterparties are subject to the same rules as any other contract as regards misrepresentation, mistake and duress¹.

If the charterer has entered into a charterparty after a misrepresentation has been made to him, he is therefore entitled to rescind² and/or to claim damages either at common law or under the provisions of the Misrepresentation Act 1967³.

If the shipowner and the charterer have reached agreement under a common mistake the charter may be ineffective, but only if the mistake is truly fundamental⁴. Similarly, the doctrine of rectification may apply if the parties' genuine agreement has not been correctly expressed in