Cooper v Phibbs
1867 · (1867) LR 2 HL 149
Posted By lanbuk.com
- Facts
- Cooper agreed to lease a salmon fishery from Phibbs. Unknown to both, Cooper already owned it in equity.
- Issue
- Could the agreement be set aside for mistake?
- Held
- Yes. The House of Lords set it aside on terms, as both parties were mistaken about the ownership of the fishery.
- Principle
- Equity may set aside an agreement made under a common mistake as to private rights, on terms.
- Why it matters
- It is the classic case on for mistake, though English courts now limit equitable relief for common mistake.
Words and Latin in this note
- Rescission
- Setting a voidable contract aside, so that the parties are put back, as far as possible, where they were before it. Open the note.
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.