Hartog v Colin & Shields [1939]

Facts

  • The claimant had orally agreed to purchase some skins at a price per skin
  • A written offer by the defendant was accepted, stating the same price, but per pound; which would have been a very good deal for the buyer

Issue

  • Could the defendant rescind the contract for a mistake (in defence to a claim to lost profits by Hartog)?

Decision

  • Yes, claim failed

Reasoning

  • Where there is knowledge of an obvious mistake, there is a duty to correct that mistake
RELATED CASE  Ace Insurance SA v Seechurn [2002]

Posted in Contract Law Revision Notes.

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