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Morrisson v Robertson

Morrisson v Robertson (1908 SC 332) is a case establishing the common law principles that govern unilateral error in Scots law.[1]

Facts edit

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

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.[citation needed]

See also edit

References edit

  1. ^ Plausible rogues: contract and property 2007-06-12 at the Wayback Machine, EdinLR Vol 9 (2005) pp 150-156
  • Contract, Third Edition, Greens Concise Scots Law, Stephen Woolman & Jonathan Lake.

morrisson, robertson, this, article, relies, largely, entirely, single, source, relevant, discussion, found, talk, page, please, help, improve, this, article, introducing, citations, additional, sources, find, sources, news, newspapers, books, scholar, jstor, . This article relies largely or entirely on a single source Relevant discussion may be found on the talk page Please help improve this article by introducing citations to additional sources Find sources Morrisson v Robertson news newspapers books scholar JSTOR July 2014 Morrisson v Robertson 1908 SC 332 is a case establishing the common law principles that govern unilateral error in Scots law 1 Contents 1 Facts 2 Judgment 3 See also 4 ReferencesFacts editA man claiming to be the son of Wilson of Bonnyrigg approached Morrisson and offered to buy two cows 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 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 editThe 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 citation needed See also editCundy v Lindsay 1878 3 App Cas 459 a similar case in English law Shogun Finance Ltd v Hudson a 2003 caseReferences edit Plausible rogues contract and property Archived 2007 06 12 at the Wayback Machine EdinLR Vol 9 2005 pp 150 156 Contract Third Edition Greens Concise Scots Law Stephen Woolman amp Jonathan Lake Retrieved from https en wikipedia org w index php title Morrisson v Robertson amp oldid 1161389021, wikipedia, wiki, book, books, library,

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