
Scott v Coulson
1903 · 2 Ch 249
Posted By lanbuk.com
- Facts
- A life policy was sold on the shared assumption that the assured was alive. He was already dead.
- Issue
- Was the contract void for common mistake?
- Held
- Yes. The subject matter, as both parties understood it, did not exist.
- Principle
- A contract is void where both parties are mistaken about the existence of the subject matter.
- Why it matters
- It is the existence case.
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.
