Question

In which of the following cases was the plaintiff able to establish mistake so that the contract was found to be void?

Select one:
a.Lewis v Avery [1972] 1 QB 198.
b. Cundy v Lindsay [1878] 3 App Cas 459.
c. McRae v Commonwealth Disposals Commission (1951) 84 CLR 377.
d. Leaf v International Galleries [1950] 2 KB 86.

Answer 1

Answer is B)

The person who logged the complaint received an order from Blenkarn to purchase handkerchiefs. Blenkarn signed his name in a manner resembling "Blenkiron & Co."Also the purchaser mentioned the address which is similar to the company's asddress. Although no payment was made by Blenkarn, he sold the goods to a third person- the defendants.

It was held that, as the claimant did not intend to sell the handkerchiefs to Blenkarn but to Blenkiron & Co., Accordingly, as no contract was concluded between the claimant and Blenkarn so as to constitute a valid transfer of title which the latter could rightfully convey to the defendants, the title remained with the claimant.