Morrisson v Robertson
 | This article relies largely or entirely on a single source. (July 2014) |
Morrisson v Robertson 1907 CSIH 11, 1908 SC 332 is Scots contract law case establishing the common law principles that govern unilateral error.[1]
Facts
Alexander Telford, pretending to be the son and agent of James Wilson, approached Robert Morrisson to purchase two cows. Morrison sold the cows to Telford on , because he knew that Wilson had a . Telford re-sold the cows to Robertson. Morrison subsequently found out that Telford had been a rogue and was not related to Wilson. Morrisson petitioned a Sheriff court to recover the two cows from Robertson.[2][3]
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.[citation needed]
See also
- Cundy v Lindsay (1878) 3 App Cas 459, a similar case in English law
- Shogun Finance Ltd v Hudson, a 2003 case
References
- ^ Plausible rogues: contract and property Archived 2007-06-12 at the Wayback Machine, EdinLR Vol 9 (2005) pp 150-156
- ^ William Murray Gloag (1929). The Law of Contract: A Treatise on the Principles of Contract in the Law of Scotland (2nd ed.). Edinburgh: W. Green & Son Ltd. p. 443. Retrieved 6 August 2024.
- ^ Morrisson v Robertson, 1908 SC 332 (Court of Session, Inner House 19 December 1907).
- Contract, Third Edition, Greens Concise Scots Law, Stephen Woolman & Jonathan Lake.
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