Great Peace ruled that the thinking underlying Solle v. Butcher "could not stand in the face of the earlier decision of the House of Lords in Bell v. Lever Bros."[1] The defendants, Tsavliris, were professional salvors in the business of maritime salvage and rendering aid to ships in difficulty in the South Indian Ocean.
Learning that a vessel named Cape Providence was in trouble, Tsavliris entered into a salvage agreement with the owners on LOF terms.
Tsavliris used the Ocean Routes service to try to locate the nearest rescue vessel, and were told that there was one about 35 miles away called the Great Peace.
Using London brokers called Marint, Tsavliris contacted the Great Peace's owners, and agreement was made to hire the tug for a minimum of five days.
165 ... the fact that the vessels were considerably further apart than the defendants had believed did not mean that the services that the Great Peace was in a position to provide were essentially different from those which the parties had envisaged when the contract was concluded.