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Raffles v. Wichelhaus (The Peerless Case)

Court of Exchequer
159 Eng. Rep. 375 (1864)

Raffles v. Wichelhaus (The <i>Peerless</i> Case)

Facts

Wichelhaus (defendant) entered into a contract to buy 125 bales of cotton from Raffles (plaintiff). Under the terms of the contract, the cotton was to arrive from Bombay via the ship Peerless. Raffles delivered the cotton to a ship named Peerless, which departed from Bombay in December. Wichelhaus refused to pay. Wichelhaus argued that the cotton was to be delivered by a different ship also called Peerless, which had departed Bombay in October. Raffles sued for breach of contract.

Rule of Law

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Issue

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Holding and Reasoning (Mellish)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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Dissent (Milward)

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