In view of the experience of the learned Judge and the care which he devoted to this case I should hesitate long before interfering with that finding of fact and I would only do so if compelled by the evidence or by the view that the Judge drew some erroneous inference. Hutchinson of Stanstead House, a personality which no doubt he had selected for the purpose of inspiring confidence into his victim. “In the line of cases on mistake as to identity in face-to-face transactions, the case of Ingram v Little has been heavily critised, including by a majority of the House of Lords in Shogun Finance Ltd v Hudson. There was, however, much difference of opinion about the operation of the exception. Then, apparently, as a postscript or variation of the transaction the false Sir George obtained leave to take off one of the articles without waiting for the cheque to be cleared, and the vendor thereby relinquished his lien on that article. As between "him and them there was merely the one side to a contract, where, "in order to produce a contract, two sides would be required.". Contract – Mistake – Mistake as to identity – Fraud – Voidable Contract. By the 6th August the car was in Blackpool and there was a purported sale of it to the defendant by the rogue (as the Judge found) then using the name Hardy. Had matters continued thus there would clearly have been a valid but voidable contract. The plaintiffs intended to sell to Blenkiron & Co. but Blenkiron fraudulently assumed the position of the buyer. Ingram v Little. To take two extreme instances. But personal knowledge of the person fraudulently represented cannot I think be an essential feature. I think there may be a doubt in that case whether both the answers should have been in the affirmative but on the facts of the present case I feel no doubt and 1 would uphold the learned Judge's view of no contract. Mr. STEPHEN CHAPMAN. Hutchinson of Stanstead House (fraudulently misrepresented as being the man in her drawing room). If the former, there was a valid but voidable contract and the property passed. Where as here, a border line case is concerned with ascertaining the intention of the parties, the views of the trial Judge who hears the witnesses should not lightly be discarded. And unfortunately when the contract is void at common law the Court cannot (as the Law stands now) by its equitable powers impose terms that would produce a fairer result. On all other points I agree with them and shall add nothing. Hutchinson of Caterham and was incapable of acceptance by "Hutchinson". The identity was the man present, and his name was merely one of his attributes. 154, 258 S.W. In particular it […] "Hutchinson" knew that the offer to sell the car in exchange for a cheque was not made to him as he was but only to an existing person whom he represented himself to be. 3, s.602, cites them and a number of others and states the general principle in the United States as follow: "The Courts held that if A appeared in person before B, impersonating C, an innocent purchaser from A gets the property in the goods against B". The offer, as in the instant case, was addressed to a person who held himself out as willing to do business. If the contract is complete on the surface, as when it is a formal document, the burden will be on him from the outset. On hearing the name and address, Miss Hilda Ingram, who was in the room, slipped out and went round to the post office nearby, looked in the directory covering the district of Caterham and saw the entry, "Hutchinson, P.G.M., Stanstead House, Stanstead, Road, Caterham 4,665". If "Hutchinson" had paid cash for the car then it seems clear that there would have been a concluded and unimpeachable transaction in which the identity and financial stability of the buyer would have been of no moment. A fraudster attempted to purchase the car by cheque, which they initially refused. None of the Lords Justices accepted his view that the woman was not a customer and the decision turned on the meaning of "entrusted." 3d 456 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. The defendent paid with a check, which bounced. The judgment quotes extensively from the Article by Dr. Goodhart, the learned Editor of the Law Quarterly Review, called "Mistake as to identity in the Law of Contract," 1941 Law Quarterly Review, Volume 57 page 228 and I would join the learned Judge in his expression of indebtedness to him. He, therefore, decided in favour of the plaintiff. "There was only one "entity, trading it might be under an alias, and there was a "contract by which the property passed to him" (Lord Justice A. L. Smith, at page 90). Take a look at some weird laws from around the world! Mr. Justice McCardie held at (1926) 1 King's Bench, 382 that the jewellery was not entrusted to the woman as a customer, but that she received it as a mere agent or messenger for the purpose of showing it to others. Before the cheque … Continue reading Ingram v Little; 27 Jul 1960 Lord Justice Atkin held that there was not. He held that it meant entrusted on the condition of sale or return. Therefore an offer to sell to Blenkiron & Co. was knowingly "accepted" by Blenkiron and there was no contract. Pothier's statement has been cited in several English cases by Mr. Justice Fry in Smith v. Wheatcroft, 1879 9 Chancery Division 723, a case of specific performance, and in this Court in Gordon v. Street, 1899 26 Queens Bench 641, and followed in Sowler v. Potter, 1940 1 Kings Bench 271. If the person addressed is posing only as an agent, it is plain that the party deceived has no thought of contracting with him but only with his supposed principal; if then there is no actual or ostensible authority, there can be no contract. A contrary finding would not be justified unless very clear evidence demanded it. This item appears on. LORD JUSTICE PEARCE: I agree. In the second case A does not in truth make any offer to B at all; he thinks B is X, for whom alone the offer is meant. What seems plain to me is that the presumption cannot in the present case be rebutted by piling up the evidence to show that Miss Ingram would never have contracted with H unless she had thought him to be Mr, P.G.M. There can be no doubt, as all this difference of opinion shows, that the dividing line between voidness and voidability, between fundamental mistake and incidental deceit, is a very fine one. Rogue offered to buy. Of him they knew nothing, and of him they "never thought. Lord Haldane in Lake v. Simmons 1927 Appeal Causes at page 501 said of the case: In my view it was a border line case decided on its own particular facts and is in no wise decisive of the case before us. Mr. Justice Slade held that no contract had in fact been entered into between the plaintiffs and 'Hutchinson' and that no title had passed to him and therefore none was transferred to the defendant and he gave judgment for the plaintiffs for 720 the agreed value of the car, as damages for conversion. Any opinions, findings, conclusions or recommendations expressed in this material are those of the author and do not necessarily reflect the views of LawTeacher.net. Stone v. State, 162 Ark. It is a difficult point on which I have the misfortune to differ from my brethren. It is not an authority to establish that where an offer or acceptance is addressed to a person (although under a mistake as to his identity) who is present in person then it must in all circumstances be treated as if actually addressed to him. If a man misrepresented himself to be a Minister of the Crown or a stockbroker confidence in the person so identified might arise although the individual so described was wholly unknown personally or by eight to the other party. In my judgment, therefore, the ratio decidendi of Lake v. Simmons turns on the construction of the policy, and the only view for which there is a clear majority is the view that the woman was not a customer. Add to My Bookmarks Export citation. However, it makes little sense to adjudicate the issue of when a claim was raised unless that issue will have some practical effect. ingram v little(1961) qb 31 mistake - legal consequences and classification of mistake - mistake of fact - mistake as to nature of transaction or identity of party - mistake as to identity of other party - general rule He had tried to convince Miss Ingram that he was indeed the Mr. Hutchinson he had mentioned. The plaintiffs' unguarded transaction has caused loss to another. When the law avoids a contract ab initio, it does so irrespective of the intentions or opinions or wishes of the parties themselves. It does not seem to me to matter whether the right view of the facts is, as the Judge has held and as I would agree, that there was no concluded contract before the cheque book was produced and before the vital fraudulent statements were made or that there was a concluded contract which "Hutchinson" at once repudiated by refusing to pay cash and that this repudiation was accepted by the plaintiffs and the transaction was then and there at an end. * Enter a valid Journal (must Phillips v Brooks Ltd  2 KB 243 is an English contract law case concerning mistake. 's view that the woman was not a customer. Preview. It is adopted in Benjamin on Sale, 8th edition, page 102, where two decisions in the United States are referred to, Edmunds v. Merchants Despatch (1883) 135 Massachusetts Reports, 283, and Phelps v. McQuade (1917) 220 New York Reports, 232. The plaintiff in re-examination had said that he had no intention of making any contract with any other person than Sir George but these words could hardly be true literally since he had apparently made a contract with the man before he was told that he was Sir George. Q.C. This difficulty was finally removed by statute in 1857 when the offence of larceny by a bailee was created. Ingram v Little  3 All ER 332. On the 3rd August, the Saturday before the August Bank holiday of that year, in a transaction with a man not inappropriately called 'the rogue Hutchinson' by the learned Judge, the plaintiffs parted with the car to him. References:  1 QB 31,  EWCA Civ 1 Links: Bailii Coram: Pearce LJ and Devlin LJ Two ladies had a car for sale. Situated amid breath-taking views of Northumberland’s Cheviot Hills, formed volcanically over 480 million years ago, the Ingram Valley has been farmed for thousands of years for its rich soils, fresh air and clean water. I am in agreement with the learned Judge when he quotes, accepts and applies the following passage from Dr. Goodhart's article -. Get 1 point on providing a valid sentiment to this Hutchinson of Stanstead House or the physical presence of the man in the room preponderate? Mr. Justice North put the question thus on page 425: In that case which was also the case of the purchase of a motorcar, the purchase of the car had not been completed by the purchaser and judgment had been obtained against him. The second reason at page 508 was, I think, an acceptance of Lord Justice Atkin's view of the effect of larceny by a trick. He also inclined to McCardie J. Opinion for Ingram v. Nicholson — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. Hutchinson he purported to be, he was not a man of substance with an established address in Caterham. For the doing of justice, the relevant question in this sort of case is not whether the contract was void or voidable, but which of two innocent parties shall suffer for the fraud of a third. There is no doubt that H's offer was addressed to Miss Ingram and her acceptance apparently addressed to him. Academia.edu is a platform for academics to share research papers. Here it may well be that the ultimate offeror was the false Hutchinson and the plaintiffs were the "acceptors"; in which case the problem is whether the plaintiffs were intending to deal with or accept an offer from the false Hutchinson physically present or the real Hutchinson of Stanstead House. The policy was against (inter alia) theft, but subject to an exception on which the argument turned. There the plaintiffs, going to the place of business of Gandell & Co. which consisted only of Thomas Gandell, were fraudulently misled at interviews with his son Edward, an unauthorised clerk in the business, into invoicing goods to Edward Gandell & Co. and paying with a bill of exchange similarly made out. In Cundy v. Lindsay, 3 Appeal Cases, Lord Cairns, Lord Chancellor, said at page 465: "I ask the question, "how is it possible to imagine that in that state of things any "contract could have arisen between the respondents and Blenkiron, "the dishonest man? In Phillips v. Brook the rogue North had apparently been in the shop some time inspecting goods which were brought and displayed for sale to him without any regard to his identity -he was a "customer" only. This gentleman banked with a branch of Lloyds Bank in London. On my view of the law it therefore becomes necessary to consider next whether there has been a mistake that vitiates the contract. But I cannot understand how observation of the witness can detect whether his consent was produced by a trick or induced by fraud; I doubt whether an analysis of his mental processes would help either,. If it is then, as I see it, it must be on the sole ground that as "Hutchinson" was present, albeit making fraudulent statements to induce the plaintiffs to part with their car to him in exchange for his worthless cheque and was successful in so doing, then a bargain must have been struck with him personally however much he deceived the plaintiffs into thinking they were dealing with someone else. There can be no doubt upon the authorities that this argument must be settled by enquiring with whom Miss Ingram intended to contract: was it with the person to whom she was speaking or was it with the person whom he represented himself to be? 3d 456 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. Ingram v Little: 27 Jul 1960. That case reveals the difficulties of the problem. If it is the formation of a contract which calls for consideration, as it is here, "How ought the promisee to have interpreted the promise" is in my opinion the correct approach, as the Judge has held; but I recognise that the correct answer may not always prove as ascertainable as I believe it to be in the present case. None of the rest of their Lordships expressly followed Viscount Haldane. Blenkiron & Co's address was 123 Wood Street and the three judges of the Queens Bench Division had taken this view. The mere fact that the offeror la dealing with a person bearing an alias or false attributes does not create a mistake which will prevent the formation of a contract(King's Norton Metal Co.Ltd., v. Edridge Merritt & Co. Ltd., 14 Times Law Reports 98). When he offered to pay by cheque the ladies refused to go ahead with the sale. Fawcett' amounted to no more than "a false description." Are there any other circumstances in which the presumption can be rebutted? As both my brethren are of opinion that there has been no offer and acceptance, the result of this further enquiry cannot affect the decision in this case or its ratio, and I shall therefore state my conclusions and my reasons for it as briefly as may be. Lord Haldane there said at page 500: Each case must be decided on its own facts. She should have concerned herself with creditworthiness rather than with identity. However in this case the subsequent purchasers, although the Judge found that there was no mala fides, were no more wise or careful than the plaintiffs. The judgment of Mr. Justice Horridge is, as I read it, based on a finding of fact that Phillips intended to deal with North as a customer. It also prevented the possessory title from being passed to the fraudster and then on to the defendant. Proceed to `` give `` to ensure that you were one of our expert legal writers, as the... 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Being asked to give to him is the person present `` negotiating the sale may truly be said to! Casemine users looking for advocates in your area of specialization troubled here any... Without some introductory observations about larceny by a trick available only to x from! Them and shall add nothing reputable businessman see Hirji Mulji v. Cheong, ( 1926 ) cases... Of acceptance by `` hutchinson '' by any argument about larceny by a.... Misfortune to differ from my brethren a substantial firm with a credit sale in the!
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