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Mapping the LawEssays in Memory of Peter Birks$
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Andrew Burrows and Alan Rodger

Print publication date: 2006

Print ISBN-13: 9780199206551

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199206551.001.0001

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Unjust Delivery

Unjust Delivery

Chapter:
(p.277) 15 Unjust Delivery
Source:
Mapping the Law
Author(s):

William Swadling

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199206551.003.0016

This chapter examines the three main authorities usually cited for the proposition that mistakes as to identity, subject-matter, and quantity prevent title passing: R v Middleton (mistake as to identity), R v Ashwell (mistake as to subject-matter), and Ilich v R (mistake as to quantity). The question which needs to be asked is why these mistakes, but no others, prevent title passing. It argues that it is not clear that mistake should ever prevent title from passing and that three leading cases laying down the contrary are flawed.

Keywords:   mistake, title passing, identity, subject matter, quantity, R v Middleton, R v Ashwell, Ilich v R

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