Citation(s) [1950] 2 KB 86 | ||
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Court Court of Appeal of England and Wales Similar Raffles v Wichelhaus, Long v Lloyd, Solle v Butcher, Smith v Land and House Pr, Bell v Lever Brothers | ||
Leaf v international galleries 1950 2 kb 86 1 all er 693
Leaf v International Galleries [1950] 2 KB 86 is an English contract law case concerning rescission for mistake and innocent misrepresentation.
Contents
Facts
"Salisbury Cathedral" by John Constable was what Ernest Louis Leaf thought he was buying on 8 March 1944 from International Galleries. International Galleries said it was a Constable. Leaf paid £85. Five years later when he tried to auction it, Leaf was told that it was not a Constable. He claimed rescission of the contract against International Galleries, to get back his money.
Judgment
Denning LJ held that Mr Leaf was barred because too much time had lapsed. He held that in the event of lapse of too much time between the making of the contract and the decision to rescind, the right to rescind is lost. He held there was a mistake about the quality of the subject matter because both parties believed the picture to be a Constable, and that mistake was fundamental. But itwas not enough to void the contract, because there was no mistake about the essential subject matter (a painting). The painter's identity was a term of the contract, which could either be classified as a condition (breach of which allows termination of the contract) or a warranty (which allows damages only). Here the painter's identity was a condition, but after hanging it in one's house for five years it is far too late to reject the painting for breach of condition.
Jenkins LJ and Lord Evershed MR concurred.