Raffles v Wichelhaus · English Court of Exchequer · 1864

Is there a contract?

Short answer: No: they meant different ships.

The facts. A buyer agreed to buy Indian cotton arriving on the ship Peerless from Bombay. Two ships had that name, one sailing in October and one in December. Each side meant a different ship.

The ruling. Raffles v Wichelhaus (1864): The court held there was no binding contract, since the parties never agreed on the same thing.

The court gave a very short judgment, and the result still anchors the rule on mutual mistake. Students simply call it the Peerless case.

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For fun, not legal advice.