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Great Peace Shipping v Tsalviliris Shipping |
Its true. The decision of Solle v Butcher still stands
if that is the case, then which is the case should we follow? the Common law position has been really harsh and the position in equity seems to harshness of the law
If this is still an issue, I believe that one should still follow Solle v Butcher, seeing as it has yet to be expressly overruled. However, you can see a trend where a great many judges have decided not to go with Solle v Butcher, where simultaneously not choosing to overrule it. The issue of Solle v Butcher has probably more to do with policy than with law, which is why on a typical theoretical level, I'd follow the principles described by the residing judges of that case.
it should be know that solle and butcher is under mistake in equity. There is the need for another case to clarify the position.