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Raffles v Wichelhaus, 2 H & C 906, 159 Eng Rep 373 (Ex. 1864)

Facts:

Sale of cotton. Was to arrive on Peerless ship. There was 2 Peerless one came in Oct one in Dec. They agreed to different boats

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 and thus no K

Holding:

Judgment for D

Comments:

Didn’t use Hobbes test because there was no objective thing you can look at – no objective way to know which boat they are talking about


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