''Morrisson v Robertson'' ( 1908 SC 332) is a case establishing the

common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipres ...

principles that govern unilateral error in Scots law.Plausible rogues: contract and property
, EdinLR Vol 9 (2005) pp 150-156

Facts

A man claiming to be the son of Wilson of Bonnyrigg approached Morrisson and offered to buy two

cow Cattle (''Bos taurus'') are large, domesticated, cloven-hooved, herbivores. They are a prominent modern member of the subfamily Bovinae and the most widespread species of the genus ''Bos''. Adult females are referred to as cows and adult ma ...

s from him. Although Morrisson did not know the man, he knew of Wilson, who was a neighbouring farmer of good financial standing. Accordingly, he let the man have the two cows on

credit Credit (from Latin verb ''credit'', meaning "one believes") is the trust which allows one party to provide money or resources to another party wherein the second party does not reimburse the first party immediately (thereby generating a debt) ...

. In fact, the man was not the son of Wilson but a rogue called Telford. Telford sold the two cows to Robertson. When Morrisson found this out he sought to recover the cows from Robertson.

Judgment

The action was successful. It was held that there had been no contract between Morrisson and Telford. The purported transaction was a complete nullity. Accordingly, Telford had no rights which he could pass on to Robertson, so Morrisson was entitled to recover his cows.

References

{{Reflist * ''Contract'', Third Edition, Greens Concise Scots Law, Stephen Woolman & Jonathan Lake. Scottish case law 1908 in case law 1908 in Scotland 1908 in British law

Facts

Judgment

See also

References