''Lewis v Averay''

971 Year 971 ( CMLXXI) was a common year starting on Sunday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * Battle of Dorostolon: A Byzantine expeditionary army (possibly 30–40,000 men) ...

EWCA Civ 4 is a case in

English contract law English contract law is the body of law that regulates legally binding agreements in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries ...

on fraudulent misrepresentation or "

mistake Mistake(s) may refer to: * An error Law * Mistake (contract law), an erroneous belief, at contracting, that certain facts are true ** Mistake in English contract law, a specific type of mistake, pertaining to England * Mistake (criminal law), ...

" about identity.

Facts

Impersonating Richard Greene, a popular actor from ''

The Adventures of Robin Hood (TV series) ''The Adventures of Robin Hood'' is a British television series comprising 143 half-hour, black and white episodes broadcast weekly between 1955 and 1959 on ITV. It starred Richard Greene as the outlaw Robin Hood, and Alan Wheatley as his nemes ...

'', a rogue gave this false name to the plaintiff who had advertised the sale of his car, and offered to buy it for the advertised price, £450. Subsequently, the rogue appended his signature that clearly displayed "R. A. Greene" on a cheque which he presented to the seller. As a result, he was granted the chance of taking away the car. The cheque bounced and the buyer was indeed not Richard Greene. The rogue sold the car to Averay, a third party who purchased the car in good faith. An action was brought against Averay for

conversion Conversion or convert may refer to: Arts, entertainment, and media * "Conversion" (''Doctor Who'' audio), an episode of the audio drama ''Cyberman'' * "Conversion" (''Stargate Atlantis''), an episode of the television series * "The Conversion" ...

Judgment

The

Court of Appeal A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of t ...

, following ''

Phillips v Brooks ''Phillips v Brooks Ltd'' 9192 KB 243 is an English contract law case concerning mistake. It held that a person is deemed to contract with the person in front of them unless they can substantially prove that they instead intended to deal with s ...

'' held that despite his mistake, the plaintiff had completed a contract with the rogue.

Lord Denning Alfred Thompson "Tom" Denning, Baron Denning (23 January 1899 – 5 March 1999) was an English lawyer and judge. He was called to the bar of England and Wales in 1923 and became a King's Counsel in 1938. Denning became a judge in 1944 when ...

MR held there was no operative mistake and the property had passed to the rogue. 9721 QB 198 Therefore Mr. Averay got to keep the car. He held there was nothing to displace the
Ingram v Little
' presumption here, and that case had ‘special facts’.

Phillimore Phillimore is the surname of: People: * Augustus Phillimore (1822–1897), Royal Navy admiral * Claud Phillimore, 4th Baron Phillimore (1911–1994), English architect *Egerton Phillimore (1856–1937), British scholar of Welsh literature and lang ...

LJ concurred.

Notes

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External links

Full text
at BAILII English contract case law Court of Appeal (England and Wales) cases Lord Denning cases

Facts

Judgment

See also

Notes

External links