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Raffles v wichelhaus brief
Issues: If the parties in a contract think they agree but actually do not without their knowledge, is the contract enforceable?
The words to arrive ex Peerless, only mean that if the vessel is lost on the voyage, the contract is to be at an end.
The Pl did not have any goods on board the other ship.
Marking Service, our Marking Service will help you pick out the areas of your work that need improvement.Raffles v Wichelhaus 1864, eWHC Exch J19, often called "The Peerless" case, is a leading case on mutual mistake in, english contract law.The contract was for the sale of a number of bales of cotton of a particular description, which the plaintiff was ready to deliver.Plaintiffs Argument: The Dfs refused to accept the cotton or pay the Pl for the bales when they arrived.Free Case Summaries, fREE Act Summaries, fREE Lecture Notes.He was then stopped by the Court.This document is a general discussion of certain legal and related issues and must not be relied upon as legal advice.Demurrer, and joinder therein.British ships named, peerless arriving in Liverpool from Bombay, one departing in October and another departing in December.
The contract specified that the cotton would be arriving.
Courts Holding: No, procedure: Tr ct Df filed a motion of demurrer; granted, per curiam judgment for the.
Per pound, within a certain time then agreed upon after the arrival of the said goods in England.
Holding/Rule: If there was no consensus ad idem, then there is no binding contract.
Intention is of no avail, unless stated at the time of the contract.
Contents, the claimant entered into a contract to sell "125 bales.Leave a Comment, you must be logged in to participate.All Writing Services, fully referenced, delivered on time.Ratio: Mistake of one party is irrelevant unless there is no objective way to determine what the K was about (subject matter) in which case there is no meeting of the minds price chopper coupon matchups 5/31 and thus.The ship was called Peerless however two ships of that name sailed from Bombay.He does not impute misrepresentation or fraud, but only says that he fancied the ship was a different one.There is nothing on the face of the contract to shew that any particular ship called the Peerless was meant; but the moment it appears that two ships called the Peerless were about to sail from Bombay there is a latent ambiguity, and parol evidence.Liverpool on the ship, peerless from, bombay to arrive ex Peerless from Bombay.Procedural History: Court ruled for D, contract not enforceable.Consequently, as there was no consensus ad idem (as defendant alleged the two parties did not agree to the same thing and there was no binding contract.