Cooper v Phibbs
| Cooper v Phibbs | |
|---|---|
.svg) | |
| 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
A nephew leased a fishery from his uncle. His uncle died. When the lease came up for renewal the nephew renewed the lease from his aunt. It later revealed that the uncle had given the nephew a life tenancy in his will.
![[icon]](/wiki/File:Wiki_letter_w_cropped.svg){kind=small} | This section needs expansion. You can help by adding to it. (February 2015) |
Judgment
The lease was held to be voidable rather than void as the claim was based in equity as it related to beneficial ownership as oppose to legal ownership.
| This section needs expansion. You can help by adding to it. (February 2015) |