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Raffles v Wichelhaus: Difference between revisions
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|court=Court of Exchequer | |court=Court of Exchequer | ||
|citation=2 Hurl. & C. 906*159 Eng. Rep. 375 | |citation=2 Hurl. & C. 906*159 Eng. Rep. 375 | ||
|date=1864 | |date=January 20, 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''. | |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''. | ||
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|source_type=Video summary | |source_type=Video summary | ||
|case_text_source=Quimbee | |case_text_source=Quimbee | ||
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|link=https://law.justia.com/cases/foreign/united-kingdom/159-eng-rep-375-1864.html | |||
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Revision as of 05:05, December 26, 2023
| Raffles v Wichelhaus | |
| Court | Court of Exchequer |
|---|---|
| Citation | 2 Hurl. & C. 906 159 Eng. Rep. 375 |
| Date decided | January 20, 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.
