| Lewis v Averay | |
| Court: | Court of Appeal |
| Citations: | [1971] EWCA Civ 4, [1972] 1 QB 198, [1971] 3 WLR 603 |
| Keywords: | Mistake about identity, fraudulent misrepresentation |
Lewis v Averay [1971] EWCA Civ 4 is a case in English contract law on fraudulent misrepresentation or "mistake" about identity.
Impersonating Richard Greene, a popular actor from The Adventures of Robin Hood (TV series), a rogue gave this false name to the plaintiff who had advertised the sale of his car, and offered to buy it for the advertised price, £450. Subsequently, the rogue appended his signature that clearly displayed "R. A. Greene" on a cheque which he presented to the seller. As a result, he was granted the chance of taking away the car. The cheque bounced and the buyer was indeed not Richard Greene. The rogue sold the car to Averay, a third party who purchased the car in good faith. An action was brought against Averay for conversion.
The Court of Appeal, following Phillips v Brooks held that despite his mistake, the plaintiff had completed a contract with the rogue. Lord Denning MR held there was no operative mistake and the property had passed to the rogue.[1] Therefore Mr. Averay got to keep the car. He held there was nothing to displace the Ingram v Little presumption here, and that case had ‘special facts’.
Phillimore LJ concurred.