What is the ratio in Lewis v Averay?

In face-to-face dealings, there is a presumption that parties intend to contract with the person physically present, making contracts voidable for fraud rather than void for mistake as to identity.

What did the court decide in Lewis v Averay?

The Court of Appeal held that the innocent third party purchaser acquired good title because the original contract was only voidable for fraud, not void.

Why is Lewis v Averay important for contract law?

It established the modern approach to identity mistakes, protecting innocent third parties and providing certainty by creating a clear presumption for face-to-face dealings.

Premium Case

This case is available to Pro and Elite subscribers. Upgrade to access the full library of 500+ landmark cases.

Upgrade to Pro

← Back to Case Library

Premium Case

This case is available to Pro and Elite subscribers. Upgrade to access the full library of 500+ landmark cases.

Upgrade to Pro

← Back to Case Library