Reviewed case brief
Cundy v. Lindsay
(1878) LR 3 App Cas 459
(1878) LR 3 App Cas 459 · House of Lords (England)
- Court
- House of Lords (England)
- Year
- 1878
- Subjects
- Law of Contract I
- Reviewed
- 2026-08-02
Rule established
Where a party contracts under a fundamental mistake as to the identity of the other party (not merely their attributes), the contract is void ab initio; no title passes and an innocent third-party purchaser acquires no rights.
Facts
Issues
Held
Ratio decidendi
How to use it in an exam
Editorial source
(1878) LR 3 App Cas 459; verified via Wikipedia, wikiwand.com, ipsaloquitur.com, lawteacher.net, oxbridgenotes.co.uk, e-lawresources.co.uk
Educational summary only. Read the reported judgment or an authorised law report before relying on the case professionally.