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Morrisson v Robertson (1908 SC 332) is a case establishing the common law principles that govern unilateral error in Scots law.[1]
Facts edit
A man claiming to be the son of Wilson of Bonnyrigg approached Morrisson and offered to buy two cows from him. Although Morrisson 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 Morrisson found this out he sought to recover the cows from Robertson.
Judgment edit
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 edit
- Cundy v Lindsay (1878) 3 App Cas 459, a similar case in English law
- Shogun Finance Ltd v Hudson, a 2003 case
References edit
- ^ Plausible rogues: contract and property Archived 2007-06-12 at the Wayback Machine, EdinLR Vol 9 (2005) pp 150-156
- Contract, Third Edition, Greens Concise Scots Law, Stephen Woolman & Jonathan Lake.