Couturier v Hastie

Couturier v Hastie is an English contract law case, concerning common mistake between two contracting parties about the possibility of performance of an agreement.

Facts

Couturier agreed with Hastie to deliver some corn. They thought it was in transit between Salonica and the UK. But the corn had already decayed. The shipmaster had sold it. Couturier argued that Hastie was liable for the corn because Hastie had already bought an "interest in the adventure", or rights under the shipping documents.

Judgment

The House of Lords held that because the corn effectively did not exist at the time of the contract, there was presence consideration and the buyers were not liable to pay the price. Lord Cranworth LC said: