Lewis v Avery [1971] 3 WLR 603 Court of AppealThe 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). The rogue showed the claimant a Pinewood studio pass which had Richard Greene's name and an address on it. The claimant then let him take the car with the log book in exchange for a cheque for £430 which was later dishonoured. The rogue sold the car on to Mr Avery for £200 claiming to be the claimant. The claimant sought return of the car on the grounds that the contract was void for mistake.

Held: The contract was not void for mistake. 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.

Back to lecture outline on Mistake in contract law