August 31, 2025
Raffles v. Wichelhaus [1864] EWHC Exch J19 (April 1864)
An agreement was made for cotton arriving on the ship 'Peerless' from Bombay. Unknown to the parties, two ships of that name sailed from Bombay months apart. The court held that as the parties meant different ships, there was no consensus, and therefore no binding contract. Facts The claimant, Raffles, agreed to sell 125 bales of Surat cotton to the defendants, Wichelhaus & Anor. The written agreement specified that the cotton was ‘to arrive ex “Peerless” from Bombay’. However, there were two ships named ‘Peerless’ sailing from Bombay: one which sailed in October and another which sailed in December. The
