Raffles v Wichelhaus
| The Peerless | |
|---|---|
The Gateway of India, Bombay | |
| Court | Court of Exchequer |
| Decided | 20 January 1864 |
| Citations | [1864] EWHC Exch J19, (1864) 2 Hurl & C 906 |
| Court membership | |
| Judges sitting | Pollock CB, Martin B and Pigott B |
| Keywords | |
| Mutual mistake | |
Raffles v Wichelhaus [1864] EWHC Exch J19, often called "The Peerless" case, is a leading case on mutual mistake in English contract law. Parties to an agreement for the sale of cotton coming aboard a ship named Peerless later realized that they intended different vessels. Despite the rule that courts will pursue a reasonable interpretation of ambiguous contractual terms based on their context, this agreement was held to lack the meeting of the minds necessary for formation of an enforceable contract.