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Raffles v Wichelhaus: Difference between revisions
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|date=1864 | |date=1864 | ||
|subject=Contracts | |subject=Contracts | ||
|facts=* Plaintiff offered to sell a certain amount of cotton to Defendant. The cotton would be brought from India on a ship called the ''Peerless''. | |||
* There were apparently two ships with that name, and the Defendant and the Plaintiff were each thinking about different ones. | |||
** One was supposed to leave from Bombay in October, and | |||
** the other was supposed to leave in December. | |||
* When the cotton arrived in England, the Defendant refused to pay. The ship that he was expecting to bring him the cotton had left India in October. | |||
|reasons=* Each person was agreeing to a different thing. | |||
* The intent of every party was not what the other party thought. | |||
* There was no meeting of the minds. | |||
|case_text_links={{Infobox Case Brief/Case Text Link | |||
|link=https://www.quimbee.com/cases/raffles-v-wichelhaus-the-i-peerless-i-case | |||
|source_type=Video summary | |||
|case_text_source=Quimbee | |||
}} | |||
}} | }} | ||
'''Issue''': Should the contract be enforced? | '''Issue''': Should the contract be enforced? | ||
'''Holding''': The contract is not enforceable. | '''Holding''': The contract is not enforceable. | ||
'''Judgment''': Judgment for the Defendant. | '''Judgment''': Judgment for the Defendant. |
Revision as of 04:59, December 26, 2023
Raffles v Wichelhaus | |
Court | Court of Exchequer |
---|---|
Citation | 2 Hurl. & C. 906 159 Eng. Rep. 375 |
Date decided | 1864 |
Facts
- Plaintiff offered to sell a certain amount of cotton to Defendant. The cotton would be brought from India on a ship called the Peerless.
- There were apparently two ships with that name, and the Defendant and the Plaintiff were each thinking about different ones.
- One was supposed to leave from Bombay in October, and
- the other was supposed to leave in December.
- When the cotton arrived in England, the Defendant refused to pay. The ship that he was expecting to bring him the cotton had left India in October.
Reasons
- Each person was agreeing to a different thing.
- The intent of every party was not what the other party thought.
- There was no meeting of the minds.
Resources
Issue: Should the contract be enforced?
Holding: The contract is not enforceable.
Judgment: Judgment for the Defendant.