Lawwly

Raffles v. Wichelhaus (The Peerless Case)

Court of Exchequer

159 Eng. Rep. 375 (1864)

Relevant factsFree

Wichelhaus (defendant) agreed to buy 125 bales of cotton from Raffles (plaintiff), to arrive from Bombay via the ship Peerless, but there were actually two different ships named Peerless departing Bombay months apart; Raffles delivered cotton on the December Peerless while Wichelhaus believed he was contracting for cotton on the earlier October Peerless, and Wichelhaus refused to pay, prompting Raffles's breach-of-contract suit.

IssueFree

Whether a mutual misunderstanding between the parties as to the meaning of a contractual term invalidates the contract.

Unlock the full brief

Free accounts read 20 full briefs. No card required.