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Phillips v Brooks Ltd
''Phillips v Brooks Ltd'' () 2 KB 243 is an English contract law case concerning mistake. It held that a person is deemed to contract with the person in front of them unless they can substantially prove that they instead intended to deal with someone else (see also Shogun Finance Ltd v Hudson).
==Facts==
On 15 April 1918, a man named Mr North entered Phillip’s jewellery shop and said “I am Sir George Bullough”. He wrote a dud cheque for £3000 to ‘pay’ for some pearls and a ring. He said he lived in St. James's Square. Mr Phillips checked the phone directory, and found there was someone there by that name. Mr Phillips asked if he’d like to take the jewellery with him. and Mr North said he would leave the pearls but take the ring ‘for his wife’s birthday tomorrow’. Mr North then pawned the ring to Brooks Ltd for £350. When the false cheque was dishonoured, Phillips sued Brooks Ltd to get the ring back.
Note that there are conflicting reports, showing that Mr North only identified himself after the ring was sold, as Viscount Haldane said in ''Lake v Simmons'', but others say that North identified himself straight away.
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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