Friday, March 23, 2012

Raffles v. Wichelhaus case brief

Version:1.0 StartHTML:0000000167 EndHTML:0000002981 StartFragment:0000000457 EndFragment:0000002965
Raffles v. Wichelhaus; (Ct of Exchequer, 1864); CB 582; Notes 33
No K if parties have different subjective expectations
  • Facts: Peerless ships case. Two ships named Peerless, K didn’t specify which. P thought he was buying cotton off Peerless that sailed in Oct., D thought he was selling from Peerless that sailed in Dec. D refused to accept cotton when it came on the Dec. ship.
  • Issue: is there a binding K?
  • Holding: did not agree to same terms, so no K. No meeting of the minds.
  • Rule: where mutual mistake over term that goes to the heart of the agreement (i.e. material difference), K is void per se.
  • Commentary: Restatement sections not too far from this opinion. Consult Rstmt § 20 (effect of misunderstanding) and § 201 (whose meaning prevails)

No comments:

Post a Comment

Montana Cannabis Industry Association v. Montana Case Brief: Key Takeaways for Law Students and Legal Researchers

Case Brief: Montana Cannabis Industry Association v. Montana, 368 P.3d 1131 (Mont. 2016) Court Supreme Court of Montana Citation 368 P.3d 11...