Lewis v Averay
{{Use dmy dates|date=April 2022}}
{{Infobox Court Case
| name = Lewis v Averay
| court = Court of Appeal
| image = File:The Adventures of Robin Hood, Vol. 1, No. 6.jpg
| caption = Richard Greene, not the rogue
| date decided =
| full name =
| citations = [1971] EWCA Civ 4, [1972] 1 QB 198, [1971] 3 WLR 603
| judges =
| prior actions =
| subsequent actions =
| opinions =
| transcripts =
| keywords = Mistake about identity, fraudulent misrepresentation
}}
Lewis v Averay [1971] EWCA Civ 4 is a case in English contract law on fraudulent misrepresentation or "mistake" about identity.
Facts
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.
Judgment
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.[1972] 1 QB 198 Therefore Mr. Averay got to keep the car. He held there was nothing to displace the [https://www.bailii.org/ew/cases/EWCA/Civ/1960/1.html Ingram v Little] presumption here, and that case had ‘special facts’.
Phillimore LJ concurred.
See also
Notes
{{reflist}}
External links
- [https://www.bailii.org/ew/cases/EWCA/Civ/1971/4.html Full text] at BAILII
Category:English contract case law