Confirm favorite deletion?
Contracts Keyed to Summers
Raffles v. Wichelhaus
Citation:2 H. & C. 906, 159 Eng. Rep.376
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Wichelhaus (defendant) contracted with Raffles (plaintiff) to purchase 125 bales of cotton from Bombay, India that was to arrive in Liverpool, England on a ship called Peerless. The contract did not mention when the ship was to sail. Wichelhaus intended for the shipment of cotton to come from the Peerless that sailed from Bombay in October. But Raffles did not deliver any cotton to Wichelhaus on that ship. Instead, Raffles delivered the cotton to a different ship also called Peerless that sailed from Bombay in December. Wichelhaus refused to accept or pay for the cotton on the second Peerless. Raffles sued Wichelhaus for breach of contract.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.