Treasure Salvors, Inc. located a Spanish ship on the ocean bottom in 55 feet of water about

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Treasure Salvors, Inc. located a Spanish ship on the ocean bottom in 55 feet of water about 46 miles off the Florida coast. The ship, the Nuestra Señora de Atocha, sank in a hurricane while heading from Havana to Spain in 1622. It was carrying “a treasure worthy of Midas: 160 gold bullion pieces, 900 silver ingots, more than 250,000 silver coins, 600 copper planks, 350 chests of indigo and 25 tons of tobacco.” On the mistaken assumption that the seabed where the Atocha lay was state land, Treasure Salvors made a series of contracts with Florida whereby the state was to receive 25 percent of all items recovered. After the U.S. Supreme Court, in another case, had decided that the continental shelf where the ship rested was federal land, Treasure Salvors sued to rescind its contract with Florida and to recover all items as the exclusive owner of the Atocha. Should Treasure Salvors be able to rescind? Why or why not? (Florida v. Treasure Salvors, Inc., 621 F.2d 1340)

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