Lewis v Averay [1971] EWCA Civ 4 (22 July 1971)

Lewis v Averay [1971] EWCA Civ 4 (22 July 1971)

Where a seller contracts face-to-face with a buyer, even if induced by fraudulent impersonation, the contract is voidable for fraud but not void ab initio. Property passes to the buyer and, if sold to a bona fide purchaser before avoidance, the purchaser acquires good title. The original owner's mistake as to identity does not prevent the passing of property unless identity was of vital importance and clearly shown to be so.

Citation
[1971] EWCA Civ 4
Parties
Plaintiff: Keith Loder Lewis; Defendant: Anthony John Averay
Jurisdiction
England and Wales
Judgment Date
22 July 1971
Procedural Posture
Appeal / Appeal From County Court Judgment
Outcome
Appeal allowed. Judgment for defendant.
Legal Topics
Mistake as to Identity, Passing of Property in Sale of Goods, Fraudulent Misrepresentation, Bona Fide Purchaser, Void Vs Voidable Contracts
Contract Law Property Law Mistake as to Identity Passing of Property in Sale of Goods Fraudulent Misrepresentation Bona Fide Purchaser Void Vs Voidable Contracts

Case Brief

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Parties

Keith Loder Lewis

Plaintiff

Anthony John Averay

Defendant

Procedural Posture

Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether a contract of sale induced by fraud as to identity is void or voidable
  2. 2 Whether property in the car passed to the rogue and subsequently to the innocent purchaser
  3. 3 Whether the original owner or the innocent purchaser has title to the car

Ratio Decidendi

Where a seller contracts face-to-face with a buyer, even if induced by fraudulent impersonation, the contract is voidable for fraud but not void ab initio. Property passes to the buyer and, if sold to a bona fide purchaser before avoidance, the purchaser acquires good title. The original owner's mistake as to identity does not prevent the passing of property unless identity was of vital importance and clearly shown to be so.

Court Disposition

Appeal allowed. Judgment for defendant.

Orders

  • Judgment entered for defendant.
  • No order as to costs except legal aid taxation.