Couturier v Hastie [1856] UKHL J3 is an English contract law case, concerning common mistake between two contracting parties about the possibility of performance of an agreement.

They thought it was in transit between Salonica (now Thessaloniki) and the UK.

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: The whole question turns upon the construction of the contract ...

Looking to the contract ... alone it appears to me clearly that what the parties contemplated ... was that there was an existing something to be sold and bought.