Impersonating Richard Greene, a popular actor from The Adventures of Robin Hood (TV series), 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.
Judgmentedit
The Court of Appeal, following Phillips v Brooks held that despite his mistake, the plaintiff had completed a contract with the rogue. Lord Denning MR held there was no operative mistake and the property had passed to the rogue.[1] 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’.
lewis, averay, 1972, case, english, contract, fraudulent, misrepresentation, mistake, about, identity, richard, greene, roguecourtcourt, appealcitation, 1972, 1971, 603keywordsmistake, about, identity, fraudulent, misrepresentation, contents, facts, judgment, . Lewis v Averay 1972 1 QB 198 is a case in English contract law on fraudulent misrepresentation or mistake about identity Lewis v AverayRichard Greene not the rogueCourtCourt of AppealCitation s 1972 1 QB 198 1971 3 WLR 603KeywordsMistake about identity fraudulent misrepresentation Contents 1 Facts 2 Judgment 3 See also 4 NotesFacts editImpersonating Richard Greene a popular actor from The Adventures of Robin Hood TV series 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 Judgment editThe Court of Appeal following Phillips v Brooks held that despite his mistake the plaintiff had completed a contract with the rogue Lord Denning MR held there was no operative mistake and the property had passed to the rogue 1 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 LJ concurred See also editEnglish contract lawNotes edit 1972 1 QB 198 Retrieved from https en wikipedia org w index php title Lewis v Averay amp oldid 1210422744, wikipedia, wiki, book, books, library,
