Facts and Judgment
Raffles v Wichelhaus (1864) 2 H & C 906 Court of Exchequer
The parties entered a contract for the sale of some cotton to be shipped by 'The Peerless' from Bombay. The Peerless had a sailing from Bombay in October and in December. The defendant thought that it was the October sailing and the claimant believed it was the December sailing which had been agreed.
The court applied an objective test and stated that a reasonable person would not have been able to state with certainty which sailing had been agreed. Therefore the contract was void as there was no consensus ad idem
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