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