Question: 1 If there were some evidence that one party was

1. If there were some evidence that one party was unreasonable in their understanding of what Peerless meant, would that affect the mistake analysis?
2. What made this mistake one that qualifies as an essential term that required “consensus”?

Wichelhaus contracted to purchase a shipment of cotton from Raffles, with the contract requiring the goods to arrive in England aboard the Peerless, a freighter ship from Bombay. Wichelhaus had intended for the contract to require the goods to be shipped on the Peerless from Bombay in October, while Raffles believed the shipment was to be on a different freighter (also called Peerless) that left from Bombay in December. When the goods arrived in December, Wichelhaus refused to accept them contending that he had already purchased the cotton from the Peerless ship that arrived in October.

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  • CreatedNovember 06, 2014
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