Skip to content
The scales of justice on a plain background

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.