Cooper v Phibbs

Cooper v Phibbs

Court	House of Lords
Citation(s)	(1867) LR 2 HL 149
Keywords
Contract, mistake

Cooper v Phibbs is an English contract law case, concerning the doctrine of mistake.

Facts

A nephew leased a fishery from his uncle. His uncle died. When the lease came up for renewal the nephew renewed the lease from his aunt. It later revealed that the uncle had given the nephew a life tenancy in his will.

Judgment

The lease was held to be voidable rather than void as the claim was based in equity as it related to beneficial ownership as oppose to legal ownership.

Sources for impossibility

Paradine v Jane [1647] EWHC KB J5

Courturier v Hastie [1856] UKHL J3

Taylor v Caldwell [1863] EWHC QB J1

Krell v Henry [1903] 2 KB 740

Bell v Lever Brothers Ltd [1931] UKHL 2

Maritime Fish Ltd v Ocean Trawlers Ltd [1935] UKPC 1

Fibrosa Spolka v Fairbairn Lawson Ltd [1942] UKHL 4

Law Reform (Frustrated Contracts) Act 1943 (c 40)

Fraser & Co v Denny Mott & Dickson Ltd [1944] UKHL 3

Solle v Butcher [1950] 1 KB 671

McRae v Commonwealth Disposals [1951] HCA 79

Davis Contractors Ltd v Fareham UDC [1956] UKHL 3

John Walker & Sons Ltd [1977] 1 WLR 164

National Carriers Ltd v Panalpina (Northern) Ltd [1980] UKHL 8

BP Exploration Co (Libya) v Hunt (No 2) [1983] 2 AC 352

The Superservant Two [1989] EWCA Civ 6

Gamerco SA v ICM Fair Warning Ltd [1995] EWHC QB 1

The Great Peace [2002] EWCA Civ 1407

See common mistake and frustration in English law

English contract law

Notes

References

External links

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