Morrisson v Robertson

Morrison v Robertson (1908 SC 332) is a case establishing the common law principles that govern unilateral error in Scots law.^[1]

Facts

A man claiming to be the son of Wilson of Bonnyrigg approached Morrisson and offered to buy two cows from him. Although Morrison did not know the man, he knew of Wilson, who was a neighbouring farmer of good financial standing. Accordingly, he let the man have the two cows on credit. In fact, the man was not the son of Wilson but a rogue called Telford. Telford sold the two cows to Robertson. When Morrison found this out he sought to recover the cows from Robertson.

Judgment

The action was successful. It was held that there had been no contract between Morrison and Telford. The purported transaction was a complete nullity. Accordingly, Telford had no rights which he could pass on to Robertson, so Morrison was entitled to recover his cows.^[2]

See also

• Cundy v Lindsay (1878) 3 App Cas 459, a similar case in English law
• Shogun Finance Ltd v Hudson, a 2003 case

Notes

1. ^ Plausible rogues: contract and property, EdinLR Vol 9 (2005) pp 150-156
2. ^ LAW OF CONTRACT - NOTES OF CASES

References

• Contract, Third Edition, Greens Concise Scots Law, Stephen Woolman & Jonathan Lake.