Reviewed case brief

Raffles v. Wichelhaus

(1864) 2 H&C 906; 159 ER 375

(1864) 2 H&C 906; 159 ER 375 · Court of Exchequer (England)

mutual-mistakeambiguityconsensus-ad-idemPeerlesslatent-ambiguityvoid
Court
Court of Exchequer (England)
Year
1864
Subjects
Law of Contract I
Reviewed
2026-08-02

Rule established

Where a key term of the contract is ambiguous and the parties attach different meanings to it (mutual/bilateral mistake), there is no consensus ad idem and the contract is void.

Facts

    Issues

      Held

        Ratio decidendi

        How to use it in an exam

        Editorial source

        (1864) 2 H&C 906; 159 ER 375; verified via Wikipedia, ipsaloquitur.com, lawteacher.net, briefspro.com, legalthree.com

        Educational summary only. Read the reported judgment or an authorised law report before relying on the case professionally.