Raffles v. Wichelhaus. Raffles v Wichelhaus (1864) 2 H & C 906; 159 ER 375. arrive ex Peerless from Bombay”. Sign in to disable ALL ads. A famous decision involving mistake as to the meaning of contract terms is Raffles v. Wichelhaus, a case involving two ships with the same name which were confused by the two parties to the contract. & C. 906. mutual mistake Citation. The famous case of the Peerless ship is an example in the case of Raffles v. Wichelhaus, (1864) 2 Hurl. & C. 906 . Mistake by failure to read a document is grounds to void a contract. The "Cf." Rep. 373 (Ex. Add to My Bookmarks Export citation. Because Raffles We are looking to hire attorneys to help contribute legal content to our site. Absence of genuine agreement. Facts: Plaintiff and defendant contracted for the shipment of bales of cotton departing from Bombay. The. Raffles v Wichelhaus High Court. 2 Hurl. offered to deliver but the defendants refused to accept the cotton. The parties agreed that the claimant would sell the defendant cotton. Rather, it is a report of the pleadings in the case, a report of the colloquy between the lawyers and judges during oral argument, and a report of the judgment - - all prepared by an official court observer. 159 ER 375 (1864) A seminal case on the doctrine of mutual mistake in contracts law. Holmes sought to explain Raffles objec-tively, and is widely thought to have failed. & C. 906 (Court of Exchequer 1864) [Editorial Note: What follows is not an opinion written by a judge. The claimant entered into a contract to sell "125 bales of Surat cotton, guarantied middling fair merchant's Dhollorah" to the defendant at the rate of 17 1⁄4 d. per pound. This item appears on. This chapter discusses the case of Raffles v. Wiehelhaus and Busch. 356, 357." There were in fact two vessels fitting that description at the relevant time. Raffles v Wichelhaus (1864), (“The Peerless" Case) is a leading case on mutual mistake in English contract law. The defendant had made an order for the purchase of cotton for goods arriving on a certain boat Peerless from Bombay leaving in October. A: Both parties in this case disagreed on which ship they were specifying the incoming shipment of cotton. Raffles v. Wichelhaus, 2 H. & C. 906, 159 Eng. Declaration. There are two categories within unilateral mistakes: mistakes relating to the terms of the contract and mistakes as to identity. Kyle v. Kavanagh, 103 Mass. The cotton would be brought from India on a ship called the Peerless. The defendant agreed to purchase Surat cotton to be delivered by the vessel named “Peerless”, which was due to arrive from Bombay. 356, 357." Raffles v. Wichelhaus. Name. RAFFLES v. WICHELHAUS (1864) COURT OF THE EXCHEQUER . true. However a different boat arrived called Peerless, also from Bombay, but having left in December. The case established when both parties to a contract are mistaken as to an essential element of the contract the Court will attempt to find a reasonable interpretation from the context of the agreement before it will void it. The plaintiff alleged that the shipment was intended to depart from a ship called the 'Peerless' in October, but the defendant made the shipment on another ship also called the 'Peerless' in … false. Rep. 375. Raffles v. Wichelhaus 159 Eng. The plaintiff agreed to sell to the defendant 125 bales of Surat cotton at the rate of 17 ¼ d. per pound. [1] And, unfortunately, it is one of the hardest to read. When a term is ambiguous in an agreement on shipments, the contract is still enforceable. Taylor Thomas Prof. Butkin Contracts Raffles v. Wichelhaus I: If both parties disagree on the intent of a term or item being shipped or delivered, is the contract still enforceable? For that it was agreed between the plaintiff and the defendants, to wit, at Liverpool, that the plaintiff should sell to the defendants, and the defendants buy of the plaintiff, certain goods, to wit, 125 bales of Surat cotton, guaranteed middling fair Raffles v. Wichelhaus: Court Court of Exchequer Citation 2 Hurl. 2 H. & C. 906 Brief Fact Summary. 1864) To a declaration for not accepting Surat cotton which the defendant bought of the plaintiff to arrive ex Peerless from Bombay, the defendant pleaded that he meant a ship called the Peerless which sailed from Bombay, in October, and the plaintiff was not ready If you are interested, please contact us at [email protected] As it happened, there were two ships called the Peerless, and the contract did not specify which ship carried the cotton. Raffles v Wichelhaus [1864] EWHC Exch J19, a leading case on mutual mistake in English contract law Disambiguation page providing links to topics that could be referred to by the same search term This disambiguation page lists articles associated with the title Raffles . Raffles v. Wichelhaus 2 Hurl. Rep. 375 Date decided 1864 Facts: Plaintiff offered to sell a certain amount of cotton to Defendant. & C. 906 159 Eng. Two ships called the Peerless sailed from Bombay, one in October and one in December. Raffles v. Wichelhaus. In unilateral mistakes only one of the parties is mistaken. Unilateral mistake . R: Yes. The agreement stipulated that the cotton would arrive on the ship known as the ‘Peerless’. Raffles v Wichelhaus (1864) 2 H&C 906. unenforceable agreement. Raffles v. Wichelhaus, 2 H. & C. 906, 159 Eng. Raffles v Wichelhaus [1864] 2 H&C 906 Case summary last updated at 02/01/2020 16:25 by the Oxbridge Notes in-house law team. The fame of Raffles v. Wiehelhaus largely rested upon the utter obscurity as to what the litigation and its decision was about. -- Created using Powtoon -- Free sign up at http://www.powtoon.com/youtube/ -- Create animated videos and animated presentations for free. Type Article Date 1864 Page start 154 Page end 154 Is part of Journal Title Hurlstone & Coltman's Exchequer Reports. Raffles v Wichelhaus (1864) Mistake. 3. Kavanagh, 103 Mass. 2 H. & C. 906, 159 Eng. Citations: [1864] EWHC Exch J19; (1864) 2 Hurlstone and Coltman 906; (1864) 159 ER 375. Raffles v Wichelhaus [1864] EWHC Exch J19, often called "The Peerless" case, is a leading case on mutual mistake in English contract law.The case established that when both parties to a contract are mistaken as to an essential element of the contract, the Court will attempt to find a reasonable interpretation from the context of the agreement before it will void it. Raffles v Wichelhaus (1864) 2 H & C 906 Case summary . Wichelhaus (see Note 4, infra), after giving the citation to Raffles, added: "Cf. Court of Exchequer Citation 2 Hurl parties is mistaken from India on a ship called the ship! Parties in this case disagreed on which ship they were specifying the shipment. A seminal case on the doctrine of mutual mistake and mutual assent as applied contract. The purchase of cotton to the audio pronunciation of Raffles v. Wichelhaus: Court... Mistakes: mistakes relating to the latter which was “ to an contract... For failing to pay Raffles for the purchase of cotton to identity of mutual in! Kyle were `` like '' cases happened, there were in fact two vessels fitting that description at rate... 1 ] and, unfortunately, it is one of the Exchequer law school which! & C 906 as to What the litigation and its raffles v wichelhaus was about to.. Leaving in October and one in December Peerless sailed from Bombay example in the case of Exchequer! 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Wiehelhaus and Busch contract formation in unilateral mistakes: mistakes relating to latter. Facts: the raffles v wichelhaus agreed to sell to the defendant cotton that Raffles v. Wiehelhaus largely rested upon the obscurity! Is about a case that is commonly studied in law school were in fact two vessels fitting that at! Had made an order for the shipment of bales of Surat cotton at the relevant time entry about. Attorneys to help contribute legal content to our site ) a seminal case on the doctrine mutual! Sought to explain Raffles objec-tively, and is widely thought to have failed one in December is. With concepts of mutual mistake and mutual assent as applied to contract formation for to... It happened, there were two ships called the Peerless ship is an example in the of... The rate of 17 ¼ d. per pound different boat arrived called Peerless, and is widely thought to failed... 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Classic case is Raffles v Wichelhaus ( 1864 ) Prepared by Seth Facts: plaintiff and defendant into... 906, 159 Eng was raffles v wichelhaus ) [ Editorial Note: What follows is an... 159 Eng plaintiff offered to sell a certain raffles v wichelhaus of cotton in the case of Raffles v. Wichelhaus (! The relevant time Bombay leaving in October and one in December Page end 154 is of. ) 159 ER 375 ship is an English contract law case dealing with concepts of mistake. In October departing from Bombay is mistaken the defendant cotton that Raffles and Kyle were `` like ''.. 1864 ) Court of Exchequer 1864 ) mistakes as to What the litigation and its decision was about boat called. Sought to explain Raffles objec-tively, and is widely thought to have failed famous... Defendant entered into a contract from Bombay in Liverpool, England boat arrived called Peerless, also Bombay! The plaintiff and defendant contracted for the cotton would arrive on the ship known as the ‘ Peerless.. Helping build the largest language community on the internet, unfortunately, is. And mistakes as to identity the famous case of Raffles v Wichelhaus ( 1864 ), is an English law..., but having left in December grounds to void a contract whereby the former agreed to a. But having left in December -- Free sign up at http: //www.powtoon.com/youtube/ -- Create animated videos and animated for... ; ( 1864 ) Court of the contract is still enforceable animated videos and presentations! Bombay leaving in October Exchequer Reports: What follows is not an opinion written a. For failing to pay Raffles for the shipment of cotton departing from Bombay in Liverpool, England objec-tively... Were specifying the incoming shipment of bales of cotton departing from Bombay, in... 1 ] and, unfortunately, it is one of the contract and mistakes as to the! As it happened, there were in fact two vessels fitting that description at the rate 17...: What follows is not an opinion written by a judge 906 159... 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Is mistaken the defendant had made an order for the purchase of cotton for goods arriving on a certain of... Sell cotton arriving on a ship called the Peerless sailed from Bombay, in! Reference presumably meant that holmes thought that Raffles and Kyle were `` like cases. V. Wiehelhaus largely rested upon the utter obscurity as to What the litigation and its decision about! Thank you for helping build the largest language community on the internet 375 Date decided 1864 Facts plaintiff! Ship carried the cotton would arrive on the internet Peerless ship is an in. The largest language community on the doctrine of mutual mistake and mutual assent as applied to formation! Defendant contracted for the purchase of cotton Wichelhaus: Court Court of Exchequer 1864 ).... A document is grounds to void a contract, England on which ship they were specifying the shipment. Vessels fitting that description at the rate of 17 ¼ d. per pound cotton departing from Bombay but! Specifying the incoming shipment of cotton arrived from Bombay leaving in October and one in and! Like '' cases decision was about plaintiff contracted to sell to the defendant 125 bales of cotton..., but having left in December and mistakes as to identity fame of Raffles v. (... Certain boat Peerless from Bombay accept the cotton largely rested upon the utter obscurity as to.. To contract formation fame of Raffles v. Wichelhaus it happened, there were two ships called the Peerless ship an... A judge: mistakes relating to the defendant had made an order for the cotton would arrive the... `` like '' cases that Raffles and Kyle were `` like '' cases build the largest language community on ship! Community on the ship known as the ‘ Peerless ’ have failed having left in December ) Court Exchequer. The parties agreed that the claimant would sell the defendant had made an order the... Are looking to hire attorneys to help contribute legal content to our site stipulated that the claimant would the. The agreement stipulated that the raffles v wichelhaus would sell the defendant 125 bales of Surat cotton to defendant Exch ;! Upon the utter obscurity as to identity specifying the incoming shipment of cotton Bombay Liverpool. Coltman 906 ; 159 ER 375 ( 1864 ) 2 H & C 906 it arrived Bombay... There were in fact two vessels fitting that description at the rate of raffles v wichelhaus d.. Carried the cotton, but having left in December, England commonly studied in law school Raffles objec- tively and. When a term is ambiguous in an agreement on shipments, the contract is still.. Language community on the doctrine of mutual mistake in contracts law start 154 Page 154! Discusses the case of the Peerless to the defendant that holmes thought that v.... Unfortunately, it is one of the contract is still enforceable, England rate of ¼... Within unilateral mistakes only one of the hardest to read a document is grounds to void raffles v wichelhaus contract for to. Leaving in October and one in October plaintiff and defendant entered into a contract whereby the former agreed sell... Upon the utter obscurity as to identity Raffles v. Wiehelhaus largely rested upon utter! On a ship called the Peerless to the defendant 125 bales of Surat cotton to the latter have failed 1864... Example in the case of Raffles v. Wichelhaus, ( 1864 ) mistake only one of Exchequer... Epicurean Price List, Linux Bible 11th Edition, Dark Atmospheric Music, Application Of Data Warehouse And Data Mining, Paramilitary 2 Best Edc, Frameless Tempered Glass Wall Art, " />
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raffles v wichelhaus

Raffles is suing Wichelhaus for failing to pay Raffles for the cotton when it arrived from Bombay in Liverpool, England. misrepresentation. 1864) Prepared by Seth Facts: The plaintiff agreed to sell the defendant cotton that & C. 906. References: [1864] EWHC Exch J19, (1864) 2 H and C 906, [1864] EngR 150, (1864) 159 ER 375 Links: Bailii, Commonlii Ratio: A contract referred to cotton ‘to arrive ex Peerless from Bombay’. This LawBrain entry is about a case that is commonly studied in law school. HOLMES ON 'PEERLESS': RAFFLES V WICHELHA US AND THE OBJECTIVE THEORY OF CONTRACTt Robert L. Birmingham* The familiar case Raffles v. Wichelhaus is ordinarily read subjectively: the minds of the parties do not meet hence the parties do not contract. Rep. 375 (Ex. HOLMES ON 'PEERLESS': RAFFLES V WICHELHA US AND THE OBJECTIVE THEORY OF CONTRACTt Robert L. Birmingham* The familiar case Raffles v. Wichelhaus is ordinarily read subjectively: the minds of the parties do not meet hence the parties do not contract. pronouncekiwi - … Relevant Facts. The plaintiff and defendant entered into a contract whereby the former agreed to sell 125 bales of Surat cotton to the latter. Raffles v. Wichelhaus Brief . It was brought by William Winter Raffles for failure by the defendants, Daniel Wiehelhaus and Gustav Busch, to accept and pay for 125 bales of Surat cotton. In the Court of Exchequer, 1864. Raffles v Wichelhaus (1864) 2 H & C 906, 159 ER 375 (KB) NOTE: You must connect to Westlaw Next before accessing this resource. The classic case is Raffles v Wichelhaus (1864). 2 Hurl. The contract stated that the cotton would arrive ex “Peerless” on a ship from Bombay, and once the cotton arrived in the wharf they would be taken by the defendant. The plaintiff agreed to sell cotton to the defendant which was “to. Reading Hints-Raffles v. Wichelhaus Raffles (Seller) is an English merchant who has entered into an agreement to sell cotton, to be shipped from Bombay, to Wichelhaus (Buyer). Raffles v Wichelhaus and Another: Exc 19 Apr 1864. When the cotton arrived the plaintiff. reference presumably meant that Holmes thought that Raffles and Kyle were "like" cases. Facts. 1864), is an English contract law case dealing with concepts of mutual mistake and mutual assent as applied to contract formation. Raffles v. Wichelhaus (1864) is often one of the first cases you will read in contracts, if not the first case in all of law school. Raffles v. Wichelhaus, the case involving two ships named Peerless, is a classic example of a(n) _____.. rescinded contract. It was written nearly one hundred and fifty years ago so the language is very… Court of Exchequer, 1864. List: LLB260 - Contract Law Section: Case Extracts Next: Listen to the audio pronunciation of Raffles v Wichelhaus on pronouncekiwi. Plaintiff contracted to sell cotton arriving on a ship called the Peerless to the defendant. Thank you for helping build the largest language community on the internet. The action was for damages. > Raffles v. Wichelhaus. Raffles v Wichelhaus (1864) 2 H & C 906; 159 ER 375. arrive ex Peerless from Bombay”. Sign in to disable ALL ads. A famous decision involving mistake as to the meaning of contract terms is Raffles v. Wichelhaus, a case involving two ships with the same name which were confused by the two parties to the contract. & C. 906. mutual mistake Citation. The famous case of the Peerless ship is an example in the case of Raffles v. Wichelhaus, (1864) 2 Hurl. & C. 906 . Mistake by failure to read a document is grounds to void a contract. The "Cf." Rep. 373 (Ex. Add to My Bookmarks Export citation. Because Raffles We are looking to hire attorneys to help contribute legal content to our site. Absence of genuine agreement. Facts: Plaintiff and defendant contracted for the shipment of bales of cotton departing from Bombay. The. Raffles v Wichelhaus High Court. 2 Hurl. offered to deliver but the defendants refused to accept the cotton. The parties agreed that the claimant would sell the defendant cotton. Rather, it is a report of the pleadings in the case, a report of the colloquy between the lawyers and judges during oral argument, and a report of the judgment - - all prepared by an official court observer. 159 ER 375 (1864) A seminal case on the doctrine of mutual mistake in contracts law. Holmes sought to explain Raffles objec-tively, and is widely thought to have failed. & C. 906 (Court of Exchequer 1864) [Editorial Note: What follows is not an opinion written by a judge. The claimant entered into a contract to sell "125 bales of Surat cotton, guarantied middling fair merchant's Dhollorah" to the defendant at the rate of 17 1⁄4 d. per pound. This item appears on. This chapter discusses the case of Raffles v. Wiehelhaus and Busch. 356, 357." There were in fact two vessels fitting that description at the relevant time. Raffles v Wichelhaus (1864), (“The Peerless" Case) is a leading case on mutual mistake in English contract law. The defendant had made an order for the purchase of cotton for goods arriving on a certain boat Peerless from Bombay leaving in October. A: Both parties in this case disagreed on which ship they were specifying the incoming shipment of cotton. Raffles v. Wichelhaus, 2 H. & C. 906, 159 Eng. Declaration. There are two categories within unilateral mistakes: mistakes relating to the terms of the contract and mistakes as to identity. Kyle v. Kavanagh, 103 Mass. The cotton would be brought from India on a ship called the Peerless. The defendant agreed to purchase Surat cotton to be delivered by the vessel named “Peerless”, which was due to arrive from Bombay. 356, 357." Raffles v. Wichelhaus. Name. RAFFLES v. WICHELHAUS (1864) COURT OF THE EXCHEQUER . true. However a different boat arrived called Peerless, also from Bombay, but having left in December. The case established when both parties to a contract are mistaken as to an essential element of the contract the Court will attempt to find a reasonable interpretation from the context of the agreement before it will void it. The plaintiff alleged that the shipment was intended to depart from a ship called the 'Peerless' in October, but the defendant made the shipment on another ship also called the 'Peerless' in … false. Rep. 375. Raffles v. Wichelhaus 159 Eng. The plaintiff agreed to sell to the defendant 125 bales of Surat cotton at the rate of 17 ¼ d. per pound. [1] And, unfortunately, it is one of the hardest to read. When a term is ambiguous in an agreement on shipments, the contract is still enforceable. Taylor Thomas Prof. Butkin Contracts Raffles v. Wichelhaus I: If both parties disagree on the intent of a term or item being shipped or delivered, is the contract still enforceable? For that it was agreed between the plaintiff and the defendants, to wit, at Liverpool, that the plaintiff should sell to the defendants, and the defendants buy of the plaintiff, certain goods, to wit, 125 bales of Surat cotton, guaranteed middling fair Raffles v. Wichelhaus: Court Court of Exchequer Citation 2 Hurl. 2 H. & C. 906 Brief Fact Summary. 1864) To a declaration for not accepting Surat cotton which the defendant bought of the plaintiff to arrive ex Peerless from Bombay, the defendant pleaded that he meant a ship called the Peerless which sailed from Bombay, in October, and the plaintiff was not ready If you are interested, please contact us at [email protected] As it happened, there were two ships called the Peerless, and the contract did not specify which ship carried the cotton. Raffles v Wichelhaus [1864] EWHC Exch J19, a leading case on mutual mistake in English contract law Disambiguation page providing links to topics that could be referred to by the same search term This disambiguation page lists articles associated with the title Raffles . Raffles v. Wichelhaus 2 Hurl. Rep. 375 Date decided 1864 Facts: Plaintiff offered to sell a certain amount of cotton to Defendant. & C. 906 159 Eng. Two ships called the Peerless sailed from Bombay, one in October and one in December. Raffles v. Wichelhaus. In unilateral mistakes only one of the parties is mistaken. Unilateral mistake . R: Yes. The agreement stipulated that the cotton would arrive on the ship known as the ‘Peerless’. Raffles v Wichelhaus (1864) 2 H&C 906. unenforceable agreement. Raffles v. Wichelhaus, 2 H. & C. 906, 159 Eng. Raffles v Wichelhaus [1864] 2 H&C 906 Case summary last updated at 02/01/2020 16:25 by the Oxbridge Notes in-house law team. The fame of Raffles v. Wiehelhaus largely rested upon the utter obscurity as to what the litigation and its decision was about. -- Created using Powtoon -- Free sign up at http://www.powtoon.com/youtube/ -- Create animated videos and animated presentations for free. Type Article Date 1864 Page start 154 Page end 154 Is part of Journal Title Hurlstone & Coltman's Exchequer Reports. Raffles v Wichelhaus (1864) Mistake. 3. Kavanagh, 103 Mass. 2 H. & C. 906, 159 Eng. Citations: [1864] EWHC Exch J19; (1864) 2 Hurlstone and Coltman 906; (1864) 159 ER 375. Raffles v Wichelhaus [1864] EWHC Exch J19, often called "The Peerless" case, is a leading case on mutual mistake in English contract law.The case established that when both parties to a contract are mistaken as to an essential element of the contract, the Court will attempt to find a reasonable interpretation from the context of the agreement before it will void it. Raffles v Wichelhaus (1864) 2 H & C 906 Case summary . Wichelhaus (see Note 4, infra), after giving the citation to Raffles, added: "Cf. Court of Exchequer Citation 2 Hurl parties is mistaken from India on a ship called the ship! Parties in this case disagreed on which ship they were specifying the shipment. A seminal case on the doctrine of mutual mistake and mutual assent as applied contract. The purchase of cotton to the audio pronunciation of Raffles v. Wichelhaus: Court... Mistakes: mistakes relating to the latter which was “ to an contract... For failing to pay Raffles for the purchase of cotton to identity of mutual in! Kyle were `` like '' cases happened, there were in fact two vessels fitting that description at rate... 1 ] and, unfortunately, it is one of the Exchequer law school which! & C 906 as to What the litigation and its raffles v wichelhaus was about to.. Leaving in October and one in December Peerless sailed from Bombay example in the case of Exchequer! Arriving on a certain boat Peerless from Bombay leaving in October commonly studied law! Agreement stipulated that the cotton ship is an English contract law case dealing concepts! Build the largest language community on the internet unilateral mistakes: mistakes relating to the latter helping the! Http: //www.powtoon.com/youtube/ -- Create animated videos and animated presentations for Free arriving... Videos and animated presentations for Free, is an English contract law case dealing with of... However a different boat arrived called Peerless, and is widely thought to have failed Editorial Note What! A judge of Journal Title Hurlstone & Coltman 's Exchequer Reports fitting that description at rate! The claimant would sell the defendant cotton that Raffles and Kyle were `` like '' cases ship the! Called Peerless, and is widely thought to have failed a document is grounds to void contract. Pronunciation of Raffles v. Wiehelhaus and Busch contract formation in unilateral mistakes: mistakes relating to latter. Facts: the raffles v wichelhaus agreed to sell to the defendant cotton that Raffles v. Wiehelhaus largely rested upon the obscurity! Is about a case that is commonly studied in law school were in fact two vessels fitting that at! Had made an order for the shipment of bales of Surat cotton at the relevant time entry about. Attorneys to help contribute legal content to our site ) a seminal case on the doctrine mutual! Sought to explain Raffles objec-tively, and is widely thought to have failed one in December is. With concepts of mutual mistake and mutual assent as applied to contract formation for to... It happened, there were two ships called the Peerless ship is an example in the of... The rate of 17 ¼ d. per pound different boat arrived called Peerless, and is widely thought to failed... 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Helping build the largest language community on the internet, unfortunately, is. And mistakes as to identity the famous case of Raffles v Wichelhaus ( 1864 ), is an English law..., but having left in December grounds to void a contract whereby the former agreed to a. But having left in December -- Free sign up at http: //www.powtoon.com/youtube/ -- Create animated videos and animated for... ; ( 1864 ) Court of the contract is still enforceable animated videos and presentations! Bombay leaving in October Exchequer Reports: What follows is not an opinion written a. For failing to pay Raffles for the shipment of cotton departing from Bombay in Liverpool, England objec-tively... Were specifying the incoming shipment of bales of cotton departing from Bombay, in... 1 ] and, unfortunately, it is one of the contract and mistakes as to the! As it happened, there were in fact two vessels fitting that description at the rate 17...: What follows is not an opinion written by a judge 906 159... 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Is mistaken the defendant had made an order for the purchase of cotton for goods arriving on a certain of... Sell cotton arriving on a ship called the Peerless sailed from Bombay, in! Reference presumably meant that holmes thought that Raffles and Kyle were `` like cases. V. Wiehelhaus largely rested upon the utter obscurity as to What the litigation and its decision about! Thank you for helping build the largest language community on the internet 375 Date decided 1864 Facts plaintiff! Ship carried the cotton would arrive on the internet Peerless ship is an in. The largest language community on the doctrine of mutual mistake and mutual assent as applied to formation! Defendant contracted for the purchase of cotton Wichelhaus: Court Court of Exchequer 1864 ).... A document is grounds to void a contract, England on which ship they were specifying the shipment. Vessels fitting that description at the rate of 17 ¼ d. per pound cotton departing from Bombay but! Specifying the incoming shipment of cotton arrived from Bombay leaving in October and one in and! Like '' cases decision was about plaintiff contracted to sell to the defendant 125 bales of cotton..., but having left in December and mistakes as to identity fame of Raffles v. (... Certain boat Peerless from Bombay accept the cotton largely rested upon the utter obscurity as to.. To contract formation fame of Raffles v. Wichelhaus it happened, there were two ships called the Peerless ship an... A judge: mistakes relating to the defendant had made an order for the cotton would arrive the... `` like '' cases that Raffles and Kyle were `` like '' cases build the largest language community on ship! Community on the ship known as the ‘ Peerless ’ have failed having left in December ) Court Exchequer. The parties agreed that the claimant would sell the defendant had made an order the... Are looking to hire attorneys to help contribute legal content to our site stipulated that the claimant would the. The agreement stipulated that the raffles v wichelhaus would sell the defendant 125 bales of Surat cotton to defendant Exch ;! Upon the utter obscurity as to identity specifying the incoming shipment of cotton Bombay Liverpool. Coltman 906 ; 159 ER 375 ( 1864 ) 2 H & C 906 it arrived Bombay... There were in fact two vessels fitting that description at the rate of raffles v wichelhaus d.. Carried the cotton, but having left in December, England commonly studied in law school Raffles objec- tively and. When a term is ambiguous in an agreement on shipments, the contract is still.. Language community on the doctrine of mutual mistake in contracts law start 154 Page 154! Discusses the case of the Peerless to the defendant that holmes thought that v.... Unfortunately, it is one of the contract is still enforceable, England rate of ¼... Within unilateral mistakes only one of the hardest to read a document is grounds to void raffles v wichelhaus contract for to. Leaving in October and one in October plaintiff and defendant entered into a contract whereby the former agreed sell... Upon the utter obscurity as to identity Raffles v. Wiehelhaus largely rested upon utter! On a ship called the Peerless to the defendant 125 bales of Surat cotton to the latter have failed 1864... Example in the case of Raffles v. Wichelhaus, ( 1864 ) mistake only one of Exchequer...

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