• Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off
Reading...
Front

Card Range To Study

through

image

Play button

image

Play button

image

Progress

1/22

Click to flip

Use LEFT and RIGHT arrow keys to navigate between flashcards;

Use UP and DOWN arrow keys to flip the card;

H to show hint;

A reads text to speech;

22 Cards in this Set

  • Front
  • Back
  • 3rd side (hint)
Galloway v Galloway
Husband and wife enter separation agreement believing they were married- previous wife was still alive- no marriage so no separation- no maintenance and was void for mistake.
Bigamy made void.
Couturier v Hastie
Cargo of corn made in London from Greece- unknown to party in London cargo had been sold off by captain as it was fermenting- contract for corn was for something that didn't exist and was void- buyer did not have to pay for corn.
Cargo of corn- didn't exist.
Griffith v Brymer
Hire room for coronation- by time of contract was cancelled- void as had no point- commercial impossibility.
Cancelled coronation- renting room.
Bell v Lever Bros
Directors terminate contracts for £50,000- both had breached so weren't entitled to buy out, claimed to have forgotten them- had to pay as they were getting what they wanted.
Forgot their BOC- directors.
Leaf v International Galleries
Painting believed to be by Constable- was not- worth less-not void as got what was contracted- that painting.
Constable painting.
Nicholson & Venn v Smith Marriott
Napkins described as owned by King- weren't- decided based on BOC- was a term- value is irrelevant- only importance was belonging to King.
Charles 1st napkins.
Solle v Butcher
Mistake about legal amount to charge- was not void but had power in equity to rescind lease and give tenant option to stay at correct rent- recission on terms.
Lord Denning- recission on terms.
Great Peace Shipping v Tsavliris Salvage
Ship stranded at sea- mistaken as to position of ship- too far away to help- contract was void as ship in actual position was not an essentially different thing to what parties had contract for- said Solle was bad law.
Ship stranded at sea.
Tamplin v James
J bought pub at auction- thought it included a field- terms said it wasn't- didn't void contract as it was clear field wasn't included.
Field and pub- error of buyer=not void.
Raffles v Wichelhaus
Cotton from Bombay on ship called peerless- 2 ships of that name coming- mistake as to which was subject of contract- enough to void.
Cotton from Bombay.
Smith v Hughes
B thought getting old oats- worth more- was actually getting new- didn't say they were new but gave sample- not void.
Old & new oats.
Scriven v Hindley
B thought he was getting 2 lots of hemp- one was hemp and one tow- not usual to mix- sale particulars unclear- void.
Hemp & tow.
Cundy v Lindsay
R wrote to order goods- signed so appeared he was from respectable firm- goods sent to R who resold to L and then disappeared- C sued L for goods- title never passed- mistake over address was reasonable- L liable to C for goods.
Respectable firm- rogue.
Kings Norton Metal v Edridge Merrett Co.
K received offer from alias of rogue- suggested respectable firm- K had never dealt with before- rogue got goods, sold to E and disappeared- K intended to sell to alias- mistake as to creditworthiness- not void- voidable- E not accountable for goods to K.
Creditworthiness- rogue.
Phillips v Brooks
Rogue said he was Sir George- seller gave him goods- he sold them and disappeared- mistake as to creditworthiness- not void.
Face to face=not void.
Ingrams v Little
3 old ladies sold car to man who lied about who he was- checked id in phone book- tried to recover car- could as only intended to sell to person rogue claimed to be.
3 old ladies.
Lewis v Avery
Rogue claimed he was actor- studio pass to prove it- seller couldn't recover car as court said in fact to face deals you intend to sell to the person you see- regardless of who they claim to be- on Ingrams said was because ladies were vulnerable- was wrong and shouldn't be followed.
Actor in Robin Hood.
Shogun Finance v Hudson
Man claimed to be another real person- gave license and did credit check- arranged finance over phone- sold car to H. When finance not paid- realised rogue stole wallet- H was asked to return car- void for mistake as obtained by trick- would be different if face to face and not an actual identity.
Not face to face and real person.
Hartog v Colin & Shields
Fur trader negotiated to buy 30,000 hare skins- 4p per skin- when made offer was 4p per lb- far cheaper than intended- H knew this was a mistake and exploited it- void.
Hare skins per lb or skin.
Centrovincial Estates v Merchant Investors
Landlord offered rent at £65,000 but intended £126,000- didn't realise it was a mistake so was not void.
Mistake in price of renewed lease- didn't know it was wrong.
Saunders v Anglia Building Society
Mrs G agreed to transfer her house to nephew as long as she could live there rest of her life- nephew's friend pretended deed was gift to N- was actually a sale to the friend himself- Mrs G signed without reading- friend mortgaged to Anglia- he didn't give anyone money- didn't pay mortgage- A tried to repossess- Mrs G said sale was void non-est factum (he didn't own house, mortgage unenforceable- not void- knew she couldn't see- what she thought she was signing wasn't that different.
Old lady's nephew and his friend- can't read.
Foster v Mackinnon
Old man asked to sign guarantee- had done so before- was actually bill of exchange which plaintiff sought to enforce later- doc was so different from what he believed- non-est factum was available- relied on previous dealings- was void- also rectification- signed by mistake- doesn't reflect intention of parties- one can apply to change it to what they meant.
Guarantee was bill of exchange- poor sight- was void.