Saunders v. Anglia Building Society [1970] 3 All ER 961 (non-est factum principle) PRINCIPLE: In order for the defense of non-est factum to succeed, the person must show that the transaction which he signed was essentially different in substance or in kind from the one which he purported to sign. Earlier it was thought that this defense could not…
Bell v. Lever Brothers Ltd. [1931] UKHL 2, [1931] All ER 1 (Mutual mistake as to the quality of thing contracted for and as to the fundamental assumption going to the root of the contract) FACTS: Lever entered into two agreements with B and S, first being service contracts by which they were inducted on board of…
Smith v. Hughes (1871) LR 6 QB 597 (Mutual and Unilateral Mistake—Misrepresentation, Fraud—Condition, Warranty) FACTS: S (Smith) sued H (Hughes) for the price of oats sold and delivered, and for damages for not accepting the oats. S had offered to sell to H by sample a parcel of oats. According to H, S described the…
Nash v. Inman [1908] 2 KB 1 (Contract for necessity for minor enforceable) FACTS: A tailor supplied 13 waistcoats and other things of that kind to a undergraduate student when latter was a minor. Student refused to pay for the goods supplied and tailor brought this suit against him for recovery of price of those…
Leslie Ltd. v. Sheill (1914) 3 K.B.607 (Minor agreement—void—equitable relief) FACTS: Defendant obtained loans from plaintiff by fraudulently misrepresenting that he was of full age at the time of contract. Defendant sued him to recover the money. ISSUES: 1) Whether defendants are entitled to equitable restitution against loan given to minor? 2) Whether they could claim…
Morris v. C.W.Martin & Sons Ltd. [1966] 1 QB 716 (sub-bailment, theft or negligence of the staff) FACTS: The plaintiff took her mink stole to a furrior for cleaning. Sine he did not do cleaning, he subcontracted the fur to defendant on the current trade condition which provided that goods belonging to customers on the…