LANDMARK CASE
Smith v. Hughes
(1871) LR 6 QB 597 · Court of Queen's Bench (UK) · Contract law
At a glance
- Citation: (1871) LR 6 QB 597
- Court: Court of Queen's Bench (UK)
- Area of law: Contract law
- In one line: Not unless the seller knew the buyer believed the oats were warranted old. The objective test applies.
1 Facts
A buyer bought new oats thinking they were old oats.
2 Issue
Is the contract void for mistake?
3 What the court decided
Not unless the seller knew the buyer believed the oats were warranted old. The objective test applies.
4 Why it matters
Leading case on the objective approach to agreement.
5 Think about it
Why does contract law prefer an objective test?
6 Analyse it yourself
Read the full judgment from an official source or a law database, then brief it in seven steps: facts, issues, arguments, decision, ratio, obiter and significance. Always check the citation before you rely on it.
7 More cases on Contract law
- Bhagwandas Goverdhandas Kedia v. Girdharilal Parshottamdas AIR 1966 SC 543
- Carlill v. Carbolic Smoke Ball Co. [1893] 1 QB 256
- Central Inland Water Transport Corporation v. Brojo Nath Ganguly (1986) 3 SCC 156
- Energy Watchdog v. Central Electricity Regulatory Commission (2017) 14 SCC 80
- Fateh Chand v. Balkishan Dass AIR 1963 SC 1405
- Felthouse v. Bindley (1862) 11 CB (NS) 869
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