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. The case established that where there is latent ambiguity as to an essential element of the contract, the Court will attempt to find a reasonable interpretation from the context of the agreement before it will void it.
The case's fame is bolstered by the ironic coincidence contained within: each party had in mind a particular ship, with no knowledge of the other's existence, yet each ship was named Peerless.