Raffles v Wichelhaus
(1864) 2 H & C 906
Facts
Plaintiff agreed to sell defendant cotton described as arriving ‘ex Peerless from Bombay’. However, there were in fact two ships named the Peerless leaving from Bombay with a cargo of cotton. The plaintiff intended to refer to one of the ships and the defendant the other. The defendant refused delivery.
Held
There was no contract because of ambiguity in the contract and evidence the parties intended to refer to different ships – therefore no consensus ad idem.
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