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| Car and Universal Finance Co Ltd v Caldwell ： ウィキペディア英語版 |
Car and Universal Finance Co Ltd v Caldwell
''Car and Universal Finance Co Ltd v Caldwell'' () 1 QB 525 is an English contract law case concerning misrepresentation. It holds that an unequivocal act communicating the wish to rescind a contract can override third party rights. The communication does not need to go to the misrepresentor.
==Facts==
Mr Caldwell owned a Jaguar. A rogue called Mr Norris convinced him to sell it for a £965 cheque and a £10 deposit. On January 13 when he tried to cash the cheque it was dishonoured. Mr Caldwell told the police and the Automobile Association straight away. Mr Norris sold the car to some dealers, who sold it on, and it was sold on again and again to Car and Universal Finance Ltd. They bought the car in good faith without any notice. The question was whether Caldwell had validly rescinded before the car was acquired by a bona fide purchaser for value without notice?
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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