''Morrisson v Robertson'' (
1908 SC 332) is a case establishing the
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ...
principles that govern
unilateral error in
Scots law
Scots law () is the legal system of Scotland. It is a hybrid or mixed legal system containing civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Ireland ...
.
Plausible rogues: contract and property
, EdinLR Vol 9 (2005) pp 150-156
Facts
A man claiming to be the son of Wilson of Bonnyrigg approached Morrisson and offered to buy two cow
Cattle (''Bos taurus'') are large, domesticated, cloven-hooved, herbivores. They are a prominent modern member of the subfamily Bovinae and the most widespread species of the genus '' Bos''. Adult females are referred to as cows and adult ...
s from him. Although Morrisson did not know the man, he knew of Wilson, who was a neighbouring farmer of good financial standing. Accordingly, he let the man have the two cows on credit
Credit (from Latin verb ''credit'', meaning "one believes") is the trust which allows one party to provide money or resources to another party wherein the second party does not reimburse the first party immediately (thereby generating a de ...
. In fact, the man was not the son of Wilson but a rogue
A rogue is a person or entity that flouts accepted norms of behavior.
Rogue or rogues may also refer to:
Companies
* Rogue Ales, a microbrewery in Newport, Oregon
* Rogue Arts, a film production company
* Rogue Entertainment, a software com ...
called Telford. Telford sold the two cows to Robertson. When Morrisson found this out he sought to recover the cows from Robertson.
Judgment
The action was successful. It was held that there had been no contract between Morrisson and Telford. The purported transaction was a complete nullity. Accordingly, Telford had no rights which he could pass on to Robertson, so Morrisson was entitled to recover his cows.
See also
* ''Cundy v Lindsay
''Cundy v Lindsay'' (1877–78) LR 3 App Cas 459 is an English contract law case on the subject of mistake, introducing the concept that contracts could be automatically void for mistake as to identity, where it is of crucial importance.(1877- ...
'' (1878) 3 App Cas 459, a similar case in English law
* ''Shogun Finance Ltd v Hudson
''Shogun Finance Ltd v Hudson'' 003UKHL 62is an English contract law case decided in the House of Lords, on the subject of mistaken identity as a basis for rescission of a contract. The case has been the subject of much criticism in failing to e ...
'', a 2003 case
References
{{Reflist
* ''Contract'', Third Edition, Greens Concise Scots Law, Stephen Woolman & Jonathan Lake.
Scottish case law
1908 in case law
1908 in Scotland
1908 in British law