Cundy v Lindsay (1878)
Created by Ryan on 28 March 2011, at 12:31
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Summary
Mistake as to identity involving impersonation when contract is concluded by letter is grounds for avoiding the contract.
Abstract
The rogue D communicated with P via letter, wherein he made his signature to look like the name of a real, reputable company based in the same street.
Held
The contract was void for mistake of identity.
Comment
The case is usually found in textbook chapters on Mistake[1]. However, in his 1954 Law Quarterly Review article, 'The Myth of Mistake in Contract',[2] CJ Slade contends that Cundy v Lindsay can be understood simply in terms of offer and acceptance, and of the offeree's understanding of the terms of the offer.[3]
Notes
[1] Cheshire, Fifoot and Furmston's Law of Contract, 15th edn, Ch8; Anson's Law of Contract 29th edn, Ch8.
[2] (1954) 70 LQR 385.
[3] ibid, 393.