Sign Up Now
Get instant access to over 1 million+ study documents
OR
Already registered? click here to login
By creating your account, you agree to our terms of service, privacy policy and student honor code.
Raffles v. Wichelhaus- Mutual Mistake
The doctrine of mutual mistake is a defense used to avoid liability under a contract, because mutual assent is necessary for the creation of a contract. To use the doctrine of mutual mistake, an adversely affected party must demonstrate that both parties to the contract had erroneous assumptions regarding the same fact (Mallor, 246). Furthermore, to avail oneself of the doctrine of mutual mistake, a party must demonstrate the following three elements: "1. The mistake relates to a basic assumption on which the contract was made. 2. The mistake has a material effect on the agreed-upon exchange. 3. The party adversely affected by the mistake did not bear the risk of the mistake" (Mallor, 246). Unless these three elements are met, a party is not entitled to use the doctrine of mutual mistake to excuse non-performance of a contract.
The first element in a mutual mistake defense is that the parties have both been mistaken about a basic assumption on which the contract was made. In the contract for the sale of cotton that existed between Raffles and Wichelhaus,...
The first assumption was that the contract was for the sale of 125 bales of middling fair merchant's Dhollorah Surat cotton. The second assumption was that cotton was to be shipped on the Peerless. The third assumption was that Wichelhaus was to pay a certain price per pound of cotton. The parties' contract was silent about the issues relied upon by Wichelhaus in order to demonstrate mutual mistake: the time of sailing and the time of tender. Because neither of these was mentioned in the parties' contract, and neither party alleged that the discussed either of them outside of the terms of the contract, they could not be assumptions upon which the contract was based.
The second element in a mutual mistake defense is that the mistake had an effect upon the agreed upon exchange. This element generally refers to instances where the parties' both misunderstand the nature of the subject of the contract. For example, in Sherwood v. Walker, the parties agreed to the sale of a cow that both believed was barren. When it was discovered that the…
Doctrine of the Holy Trinity The basis of the doctrine of trinity is based on the "God the Father, God the Son and God the Holy spirit" epithet among the Christians. God is abundantly regarded as pure spirit who cannot be seen by the eyes of every person (spirit) and associated with a material body (son) who and the material body was sent to the world by the father to save
However, with the conversion of Constantine, the idea of dualism meaning the separation of the state and church was not necessarily valid any more. More precisely, "before the conversion of Constantine there was no question about the relations of ecclesiastical structure of the Roman state; they were clearly separate and all the Church could hope was a benign toleration (…) Constantine's conversion came as a surprise and necessitated a
Naturally he rejected the whole of the Old Testament and made a selection of his own from the New Testament Scriptures consisting of the greater Epistles of Paul and an edited version of Luke's Gospel. Tertullian dedicated five books to the denial of this kind of teaching. But it was more simple to show the illogicality of Marcion's doctrine than to resolve in detail the evils elevates by a
Interventionism Libya In the spring of 2011 -- the Arab Spring -- I was living in Cyprus. From the deck outside of my bedroom I looked out over the Mediterranean, where the sun was setting, towards the north coast of Africa. Across that water, in Libya, civil war was breaking out. A Libyan fighter pilot flew across the water to Malta, asking for asylum (Hooper & Black, 2011). Libya's leader, Muammar Qadafi,
Open Fields Doctrine and Its Relevance to the U.S. Constitution What is the open fields doctrine? According to the definition provided by Black's Law Dictionary (1990), the open fields doctrine "permits police officers to enter and search a field without a warrant. The term 'open fields' may include any unoccupied or undeveloped area outside of the curtilage (Oliver v. U.S., 466 U.S. 170, 104 S.Ct., 1735" (1091). For the purposes of searches
Open Field Doctrine The Fourth Amendment is one of the most important and hotly contested and debated amendment within the Bill of Rights to the United State Constitution. Many people focus on the First and Second amendment. The Fourth Amendment, when discussed, usually comes up when speaking of house/car searches and whether warrants are needed and how they can and should be procured. Interpretations of the Fourth Amendment have led to