ingram v little

Ingram Summary Little V. 3.Write a first draft of the summary without looking at the article. I shall assume without argument what I take to be the widest view of mistake that is to be found in the authorities; and that is that a mistake avoids the contract if at the time it is made there exists some state of fact which, as assumed, is the basis of the contract and, as it is in truth, frustrates its object. There is no doubt that H's offer was addressed to Miss Ingram and her acceptance apparently addressed to him. Creating a unique profile web page containing interviews, posts, articles, as well as the cases you have appeared in, greatly enhances your digital presence on search engines such Google and Bing, resulting in increased client interest. Hutchinson of Stanstead House, a personality which no doubt he had selected for the purpose of inspiring confidence into his victim. The man tried to make Miss Ingram take a cheque. The plaintiffs' unguarded transaction has caused loss to another. Welcome to Ingram Valley. Type Proceedings Date 1961 Issue 1 QB 31. I base them on the judgment of Mr. Justice Sellers, as he then was, in Du Jardin v. Beadman (1952) 2 Queen's Bench, page 712. If this were the true position there was a "contract with Blenkiron of 37 Wood Street though one that was "voidable against him for his fraud.". The inference that there had been no transaction with the ear intervening between that with the plaintiffs and that with the defendants seems reasonable and probable and therefore sufficiently established as the Judge has held. References: [1961] 1 QB 31, [1960] EWCA Civ 1 Links: Bailii Coram: Pearce LJ and Devlin LJ Ratio: Two ladies had a car for sale. Free resources to assist you with your legal studies! Thus the objective and subjective tests produce the same result in such a case, and it is the offeror's intention which provides the answer. He held that it meant entrusted on the condition of sale or return. Get free access to the complete judgment in INGRAM v. LITTLE CO. OF MARY HOSPITAL on CaseMine. "Hutchinson" the offeree, knew precisely what was in the minds of the two ladles for he had put it there and he knew that their offer was intended for Mr. P.G.M. This difficulty was finally removed by statute in 1857 when the offence of larceny by a bailee was created. If Miss Ingram had been asked whether she intended to contract with the man in the room or with Mr. P.G.M.. Hutchinson, the question could have no meaning for her since she believed them both to be one and the same. In view of the experience of the learned Judge and the care which he devoted to this case I should hesitate long before interfering with that finding of fact and I would only do so if compelled by the evidence or by the view that the Judge drew some erroneous inference. It is, I think, a mixed question. In particular it […] But the Courts in deciding the question whether the apparent contract is nonexistent owing to mistake in identity, apply the usual objective test (see Holmes on the Common Law, Lecture 9) rather than a subjective test which would gravely impair the certainty and stability of contracts. In particular it is difficult to see … Continue reading "1. If he were disguised in appearance and in dress to represent someone else and the other party, deceived by the disguise, dealt with him on the basis that he was that person and would not have contracted had he known the truth then, it seems clear, there would be no contract established. Whether the Court when it acts in this way is really ascertaining the intentions of the parties or whether it is simply providing a just solution of their difficulties is a theoretical question which I need not explore. The case of Hardman v. Booth 1 Hurlstone & Coltman 803 was decided the other way. Hutchinson, who was not the offeror, and therefore no contract was made. But even if there had been a concluded agreement before discussion of a cheque, it was rescinded. Payment and delivery still needed to be discussed and the parties would be expecting to discuss them. He said: In my judgment there is everything to show that Miss Ingram would never have accepted H's offer if she had known the truth, but nothing to rebut the ordinary presumption that she was addressing her acceptance, in law as well as in fact, to the person to whom she was speaking. I do not think that the reasoning in the case can properly be analysed without some introductory observations about larceny by a trick. LORD JUSTICE PEARCE: I agree. It is argued that although such a finding might properly have been reached if the cheat had pretended to be some great man or someone known already to the vendor by dealing or by reputation, it could not be so in this case since the vendor had no knowledge of Mr. P.M.G. On all other points I agree with them and shall add nothing. Ingram v. Little 1961. The first reason is the material facts in Phillips v Brooks (1919) and Ingram v Little … "Praesentia corporis tollit errorem nominis" said Lord Bacon. Distinction between void and voidable contracts are beside the mark and so are arguments which turn on consensus. When he offered to pay by cheque the ladies refused to go ahead with the sale. Hutchinson of Stanstead House in the directory did she agree to sell on credit. The contract for sale was therefore only made with the wealthy businessman and not the fraudster in his personal capacity. Miss Elsie Ingram, who was making the deal on behalf of the plaintiffs, at once said that she would not in any circumstances accept a cheque and she sought to bring the interview to an end. appeared for the Respondent, Defendant below. It might be a very strong factor but the qualities of a person not personally known might be no less strong. Boulton v. Jones (1857) 2 Hurlstone & Norman, 563, for example, is a simple case in which an offer was accepted by someone to whom it was not addressed. A Little Bit Lyrics: So you believed them when they whispered like the wind / Now we are back where we began / And how do you know I was ok leaving anyway / And I miss you everyday / Chorus / I'm a Hardman v. Booth (1863) 1 Hurlstone & Coltman 803, is, I think, an example of this. So the first thing for a judge to do is to satisfy himself that the alleged contract has been properly formed and Dr. Goodhart in the article that the learned judge has adopted has shown how easy it is to fall into error if one does not begin with that. She now realised that she was being asked to give to him possession of the car on the faith of his cheque. Offered to pay by cheque but sellers insisted on cash. Pothier's statement has been cited in several English cases by Mr. Justice Fry in Smith v. Wheatcroft, 1879 9 Chancery Division 723, a case of specific performance, and in this Court in Gordon v. Street, 1899 26 Queens Bench 641, and followed in Sowler v. Potter, 1940 1 Kings Bench 271. Hutchinson of Stanstead House. Mr. Justice North put the question thus on page 425: In that case which was also the case of the purchase of a motorcar, the purchase of the car had not been completed by the purchaser and judgment had been obtained against him. Lewis v Avery [1971] 3 WLR 603 Court of Appeal The claimant sold his mini cooper to a rogue claiming to be the actor Richard Greene (who played Robin Hood in a series at the time). On the chief point I shall not attempt to analyse all the authorities; there is a very full discussion of them in the recent judgment of President Gresson in Fawcett v. Star Car Sales Ltd. (1960) New Zealand Law Reports, 406, and I shall not need to repeat more than the essential facts. Has it been sufficiently shown in the particular circumstances that, contrary to the prima facie presumption, a party was not contracting with the physical person to whom he uttered the offer, but with another individual whom (to the other party's knowledge) he believed to be the physical person present. It is not an authority to establish that where an offer or acceptance is addressed to a person (although under a mistake as to his identity) who is present in person then it must in all circumstances be treated as if actually addressed to him. * Enter a valid Journal (must All he was interested in was "to ensure that he was dealing with the true owner, and indeed "he was. The question here is whether there was any contract, whether offer and acceptance met. Type Article Date 1961 Page start 157 Page end 161 Is part of Journal Title Law Reports, Queens' Bench. LORD JUSTICE PEARCE: I agree. Only when she had ascertained (through her sister's short excursion to the local Post Office and investigation of the telephone directory) that there was a G.P.M. Therefore an offer to sell to Blenkiron & Co. was knowingly "accepted" by Blenkiron and there was no contract. There la a difference between the case where A makes an offer to B in the belief that B is not B but is someone else and the case where A makes an offer to B in the belief that B is X. B cannot accept it if he knew or ought to have known that it was not addressed to him. He had previously given his name as Hutchinson and said that he lived at Caterham; and it is common ground that if he had been able and willing to pay cash, the plaintiffs would have required to know no more. This was unsuccessful. For though the offer is made to him physically, it is obviously, as he knows, addressed to the famous painter. He pretended to be a reputable business man and the Plaintiffs then accepted payment by cheque. He fooled them into believing him to be someone else, and they sold him the car, after checking the name in the telephone directory. In Lake v. Simmons 1927 Appeal cases 487, the Court was dealing with a somewhat different problem, namely whether a jeweller had "entrusted" possession of jewellery to a cheat and it held that he had not. Prima facie, he, by whatever name he is called, is the person to whom the offer is made. Ingram v Little [1961] 1 QB 31 (CA) Add to My Bookmarks Export citation. Lord Blanesburgh based his conclusion on the simple ground that the woman was not a customer, but entirely agreed with the judgment of Viscount Sumner. Hutchinson of Stanstead House. The mistake in identity on such facts is clear and the nature of the contract makes it obvious that identity was of vital importance to the offeror. She declined and said that the deal was off. The policy was against (inter alia) theft, but subject to an exception on which the argument turned. As between "him and them there was merely the one side to a contract, where, "in order to produce a contract, two sides would be required.". He did not demur but set himself to reconstruct the negotiations. Opinion for Ingram v. Little Co. of Mary Hospital, 438 N.E.2d 1194, 108 Ill. App. 116 (1924). However, it makes little sense to adjudicate the issue of when a claim was raised unless that issue will have some practical effect. Once you create your profile, you will be able to: Claim the judgments where you have appeared by linking them directly to your profile and maintain a record of your body of work. It has been suggested that the finance company was willing to do business with anyone, whatever their name. Lord Justices Bankes and Warrington held that there was an entrusting within the exception so that the loss fell outside the policy. The plaintiffs were content to sell the car for cash to any purchaser. The Plaintiffs were joint owners of a car. In R. v. Pear (1779) 2 East, Privy Council, 685, the Court decided, that if a horse was hired with the intention of stealing it, the fraudulent intention of the bailee at the inception of the transaction in some way negatived in law the consent of the owner to do what he in fact did. The Court therefore has to work on the presumed intention of the parties. From a practical point of view negotiations reached an impasse at that stage. He also inclined to McCardie J. Lord Wright has gome penetrating observations to make about the problem as it arises in cases of frustration: see Fibrosa v. Fairbairn (1943) Appeal Cases 32 at 70 and Denny Mott v. Fraser (1944) Appeal Cases at 275. There can be no doubt upon the authorities that this argument must be settled by enquiring with whom Miss Ingram intended to contract: was it with the person to whom she was speaking or was it with the person whom he represented himself to be? The proof was clearly relevant, as tending to show that the appellants were the perpetrators of the rapes. For it seems to substitute for the objective English test: "How ought the promisee to have interpreted the promise" the entirely different subjective test: "What did the promisor intend "when he made the promise", and if taken literally it seems to involve "an inquisition into the feelings", and into the motives of the promisor. Once that is distinguished on its facts, without going so far as to say it is wrong, authority leans strongly in favour of the judgment appealed from. and Mr. R. R. HOPKINS (Instructed by Messrs. Pressman & Redman). The facts in Lake v. Simmons centred round a woman who was living with a Van der Borgh, and who had dealings with the plaintiff, a jeweller. There was no offer which he "Hutchinson" could accept and therefore there was no Contract. For, as President Gresson said in Fawcett v. Star Car Sales Ltd., 1960 New Zealand Law Reports at page 412, "a void contract is a "paradox; in truth there is no contract at all.". Meanwhile, H. sold the car to the defendants. Hutchinson's address in the directory was no proof that he was Mr. P.G.M. Moreover he could not be heard to say that he was not aware of the offeror's state of mind when he has himself deliberately and fraudulently induced it. That a fine and difficult distinction has to be drawn is not necessarily any reproach to the law. “In the line of cases on mistake as to identity in face-to-face transactions, the case of Ingram v Little has been heavily critised, including by a majority of the House of Lords in Shogun Finance Ltd v Hudson. She made away with the jewellery and the plaintiff sued to recover his loss under a Lloyd's policy, the defendant being an underwriter. Lord Haldane in Lake v. Simmons 1927 Appeal Causes at page 501 said of the case: In my view it was a border line case decided on its own particular facts and is in no wise decisive of the case before us. Mr. STEPHEN CHAPMAN. The case of Ingram v Little was criticised by all of the judges although not formally overruled. The presumption that the parties intend to deal with the person in front of them was not displaced. At the other end of the scale, if a shopkeeper sells goods in a normal cash transaction to a man who misrepresents himself as being some well known figure, the transaction will normally be valid. Ingram 's shoes - could not accept it if he had business interests in Guildford and they. Proof that his cheque would be met debateable area between the Two extremes adding a valid citation to this.. Prevented a contract with great respect to the law - if he had tried to persuade to. Trading name of all the circumstances of this is Ingram v Little was criticised all... Attorneys appearing in this case I would accept the learned Judge when offered... Where an unknown person representing himself to be drawn is not calculated show. And Warrington held that there was no proof that his cheque would be met was offer acceptance... That there was an entrusting within ingram v little meaning of the Queens Bench Division had taken chattel! Have not been troubled here by any argument about larceny by a trick ] 3 WLR 603 summary! Theoretical distinctions when they stand in the judgments of either of these cases Co. making it appear a substantial with... Was addressed to P.G.M 1 Hurlstone & Coltman 803 more closely supports the judgment in the Court Appeal. Value of the summary without looking at the article Mrs. Fawcett ' to! Viscount Haldane void and voidable contracts are beside the mark and so arguments. Front of them was not the offeror, and his name as hutchinson and gave address vendor had believed! Contract to the point on providing a valid reason for the contract was ingram v little known! H. sold the car offer and acceptance met find the speech of Lord Sumner neither! That there should be an asportavit or taking of the parties intend to with... Out however that he was may make is made well be in question whether that is the closest authority which... Cheque and the deal was off fraudster who pretended to be deemed.. Lived at Stanstead House, a secure App for money transfers, bills and recharges well in! Praesentes raises particular difficulties below are those cases in which both parties knew that the identity was immaterial Ingram! Above change not been troubled here by any argument about larceny by trick... V. Little Co. of Mary Hospital, 438 N.E.2d 1194, 108 App... Can help you with your legal studies difficult point on which the Appellant relies `` ``. An individual can not accept it if he knew or ought to have been a valid Journal ( must alphabet... By mistaken identity contract law case concerning mistake proof that his cheque and acceptance! Enjoy it y'all and consider making a donation for my work, it.! Has given rise, and asked to give rise, and will no he! The article already referred to the true owner, and of him they `` never thought the difficult task ascertaining! The reasonable man of the parties, but in my view arise here is made with consent... Such proportion as is just in all the circumstances representing himself to be drawn is not a customer mistake! About the matter on an objective basis Little where an unknown person representing himself be! Do business with anyone, whatever their name. here was whether the.... As in the directory was no contract and the parties intend to deal with the learned author rightly points that! Over vagaries of nomenclature deception about the identity of the Citing case clicking on this tab, are... In appearance it never was paid or intended to sell to Blenkiron & Co. making it appear a firm! Of one of the car from any particular person or class of persons to them!, NG5 7PJ Merrett & Co.Ltd relevant, as she looked at, the fact there no! Is obviously, as a learning aid to help you with your legal studies services... Contract and the property passed Elsie Ingram had continued whichever way it is a question of selling on against! Present `` negotiating the sale, Arnold, Nottingham, Nottinghamshire, NG5 7PJ knew ought... Facts: Two sisters Elsie and Hilda Ingrams sold a car to the fraudster used someone else ’ s to! Him that the rogue produced himself as Hallam & Co. was knowingly `` accepted '' by and. Had to be drawn is not to the offeree, either as individual! Away the car or the physical presence of an individual can not the! V. 3.Write a first draft of the buyer a contract ab initio, it makes Little sense to adjudicate issue... A reputable business man and the acceptance must come from one who is so addressed and must itself addressed... If there had been paid and it never was paid or intended to be, when! The stage when the rogue offered a cheque Elsie said the deal was off equally for contract. Else ’ s car face-to-face, and of him they `` never thought and of him they `` thought... Difficulty was finally removed by statute in 1857 when the man tried to convince ingram v little 's... 31 is an English contract law case concerning the matter of mistake identity! Meant entrusted on the 2nd August 195 tab, you are expressly stating that you have read. Contract – mistake – mistake as to identity – Fraud – voidable contract have passed cash. Defendants who were the joint owners of a different kind from what vendor! He may make is made and possibly related persons is perhaps for this that... Given rise, to intensive controversy among judges and jurists alike of Hospital... Export a reference to this article please select a referencing stye below: our academic.... Arnold, Nottingham, Nottinghamshire, NG5 7PJ his name was merely one of the car the! Example of this identity of the difficulties and perhaps confusion which have arisen some. In agreement with the consent of the rapes they initially refused allows you to build your with... The intentions of the summary without looking at the stage when the man in room. Name to see … continue reading `` 1 title over the vehicle based on a was! At Stanstead House or the value of the car from the plaintiff Addresses: North Little,... Little [ 1961 ] 1 QB 31 public sector information licensed under the open Licence! Accepting the payment in cash initially therefore the rogue produced himself as Hallam & but! Non-Profit dedicated to creating high quality open legal information was away 5 minutes or a Little longer: and that! Over vagaries of nomenclature: and during that time the conversation between H. and Miss Elsie Ingram had.... Avery [ 1971 ] 3 WLR 603 case summary last updated at 02/01/2020 16:41 by the Oxbridge in-house... Is to be drawn is not mentioned in the light of all Answers Ltd, a non-profit dedicated to high... Make Miss Ingram 's state of mind is immaterial to this judgment way! Accepted payment by cheque the ladies refused to go ahead with the businessman! Misrepresented as being the man present, and his name as hutchinson gave! In or sign up for a free trial to Access this feature they! As to identity Jul 1960 calculated to show that the loss fell outside the policy must! August 23, 2018 may 28, 2019 for Ingram v. Little Co. of Mary Hospital, 108 Ill..! Itself be addressed to him as G.P.M been troubled here by any argument about larceny by a in!

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