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

Mr Cooper agreed to take a lease of a salmon fishery. They later found out, Mr Cooper was the owner of the fishery.

Judgment

The House of Lords held the contract was void. It was not recognised in law that one may lease property to oneself.

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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