Lewis v Averay [1972] 1 QB 198 - 03-13-2018

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Lewis v Averay [1972] 1 QB 198

http://lawcasesummaries.com/knowledge-base/lewis-v-averay-1972-1-qb-198/

Facts

Lewis sells his car (unknowingly) to a rogue who uses a bad cheque. He mistook the identity of
the person (thinking he was a film star)
The rogue sells the car to a third person, Averay
Lewis sues Averay in conversion

Issue

Did property rights transfer by the contract between Lewis and the Rogue?

Held

Nothing displaced the presumption that in handing over the cheque and log book, a binding
contract re: ownership formed between the rogue and Lewis
Averay then got property rights as an innocent purchaser therefore
Denning J: A mistake by one party as to the other party’s identity does not make the contract void
ab initio, even when fraud is an issue, though it may be voidable before rights pass to a third party
Megaw J: Even though a contract can be voidable due to mistake, there is nothing in the facts that
suggest the identity was a vital part of the contract.

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