Morrisson v Robertson
Encyclopedia
Morrison v Robertson is a case establishing the common law
principles that govern unilateral error in Scots law
.
approached Morrisson and offered to buy two cows from him. Although Morrison 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 Morrison found this out he sought to recover the cows from Robertson.
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
principles that govern unilateral error in Scots law
Scots law
Scots law is the legal system of Scotland. It is considered a hybrid or mixed legal system as it traces its roots to a number of different historical sources. With English law and Northern Irish law it forms the legal system of the United Kingdom; it shares with the two other systems some...
.
Facts
A man claiming to be the son of Wilson of BonnyriggBonnyrigg
Bonnyrigg is a town in Midlothian, Scotland, eight miles southeast of Edinburgh city centre. The town had a population of 11,260 in the 1991 census which has risen to 14,457 according to the 2001 census. Along with Lasswade, Bonnyrigg is a twin town with Saint-Cyr-l'École, France.- History :Early...
approached Morrisson and offered to buy two cows from him. Although Morrison 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
Credit (finance)
Credit is the trust which allows one party to provide resources to another party where that second party does not reimburse the first party immediately , but instead arranges either to repay or return those resources at a later date. The resources provided may be financial Credit is the trust...
. In fact, the man was not the son of Wilson but a rogue
Rogue (vagrant)
A rogue is a vagrant person who wanders from place to place. Like a drifter, a rogue is an independent person who rejects conventional rules of society in favor of following their own personal goals and values....
called Telford. Telford sold the two cows to Robertson. When Morrison found this out he sought to recover the cows from Robertson.
Judgment
The action was successful. It was held that there had been no contract between Morrison and Telford. The purported transaction was a complete nullity. Accordingly, Telford had no rights which he could pass on to Robertson, so Morrison was entitled to recover his cows.See also
- Cundy v LindsayCundy v LindsayCundy v Lindsay LR 3 App Cas 459 is an English contract law case on the subject of mistake, introducing the concept that contracts could be automatically void for mistake to identity, where it is of crucial importance...
(1878) 3 App Cas 459, a similar case in English law - Shogun Finance Ltd v HudsonShogun Finance Ltd v HudsonShogun Finance Ltd v Hudson [2003] is an English contract law decided in the House of Lords, on the subject of mistaken identity as a basis for rescission of a contract. The case has been the subject of much criticism in failing to effectively clarify the area of mistake to identity.-Facts:A rogue...
, a 2003 case