Couturier v Hastie (1856) 10 ER 1065

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  • A consignment of corn was shipped from Salonika bound for England
  • Mid-journey, it began to ferment, prompting the ship Master to sell the corn in Tunisia
  • Meanwhile, the consignor made contracts for the sale of the corn
  • When the buyer failed to pay, they sued.
  • It was contract to purchase certain goods that had already perished
  • The purchaser only had an obligation to pay if, at the time of making the contract, the goods were in existence and capable of delivery
  • There was nothing in the contract suggesting it was for goods lost or not lost
  • Therefore the contract was unenforceable for mistake

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