Wichelhaus (Buyer) purchased a shipment of Surat cotton from Raffles (Seller) "to arrive on Peerless from Bombay." Wichelhaus expected the goods to be shipped on the ship Peerless sailing from Bombay in October.Raffles expected to ship the goods on a different ship Peerless, which sailed from Bombay in December.When the cotton arrived two months later than expected, the buyer refused to take delivery.This situation illustrates which defense to the enforcement of a contract?

Question

Quizplus · Accepted Answer

This situation depicts a mutual mistake as both parties had different ships named Peerless in mind, which led to a misunderstanding about the shipment's arrival time. As a result, the contract becomes unenforceable due to the mutual mistake made at the time of contract formation.

Wichelhaus (Buyer) Purchased a Shipment of Surat Cotton from Raffles