Cooper v Phibbs UKHL 1 is an English contract law case, concerning the doctrine of mistake. Cooper v Phibbs (1867) LR 2 HL 149. Couturier v Hastie (1856) 5 HLC 673 . ( Solle v Butcher [1950] 1 KB 671). Like this case study. Associated Japanese Bank –v- Credit du Nord [1988] Sale and leaseback, CN guaranteed Bennett, but B insolvent and machines did not exist. Res sua Cooper –v- Phibbs [1867] C took out three-year lease on fishery. The use of the term ‘set aside’ seems to indicate that the contract was valid at law and only voidable in equity. Home » Contract » Cooper v Phibbs: HL 1867. Cooper v Phibbs: HL 1867 April 11, 2019 admin Off Contract, References: (1867) 2 LR HL 149, [1867] UKHL 1 Links: Bailii Ratio: There is an exception to the general rule that a mistake of law does not vitiate a contract where the mistake was as to private rights. The principle so established by Cooper v Phibbs has been repeatedly acted on: see, for instance, Earl Beauchamp v Winn, and Huddersfield Banking Co Ld v Lister. Corcoran v Anderton (1980) 71 Cr App R 104. Share this case by email Share this case. Coward v MIB [1963] 1 QB 359.
Cooper v. Phibbs is an important case for a number of rea~0ns.l~ . Facts. Corkery v Carpenter [1951] 1 KB 102. An uncle told his nephew, not intending to misrepresent anything, but being in fact in error, that he was entitled to a fishery; the nephew, after the uncle's death, acting in the belief of the truth of what the uncle had told him, entered into an agreement to rent the fishery from the uncle's daughters. Cooper v Phibbs; Owenmore River at Ballysadare, Ireland, near Cooper's salmon fishery. Subject matter was radically different, fundamental to contract, therefore accessory contract of guarantee void. Coventry v Lawrence [2012] EWCA Civ 26. It is in no way impaired by Bell v Lever Bros Ld, which was treated in the House of Lords as a case at law depending on whether the contract was a nullity or not. Like Student Law Notes. An uncle told his nephew, not intending to misrepresent anything, but being in fact in error, that he (the uncle) was entitled to a fishery. Court: House of Lords: Decided: 31 May 1867: Citation(s) [1867] UKHL 1, (1867) LR 2 HL 149: Keywords; Contract, mistake: Facts. This case considered the issue of mutual mistake and whether or not a contract for the lease of a fishery could be set aside based on mutual mistake. Cooper v Phibbs (1867) LR 2HL 149 The court set aside an agreement whereby A had agreed to lease a fishery to B, but unknown to either, the fishery was already owned by B. Cotton v Derbyshire Dales District Council [1994] EWCA Civ 17 . Cooper v Phibbs (1867) LR 2 HL 149.

Cooper v Phibbs [1867] UKHL 1 is an English contract law case, concerning the doctrine of mistake. Cooper v Phibbs [1867] UKHL 1 is an English contract law case, concerning the doctrine of mistake.
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