(1870-71) LR 6 QB 597; [1861-73] All ER Rep 632; (1871) 19 WR 1059
Case opinions
Cockburn CJ, Blackburn J and Hannen J
Keywords
unilateral mistake, objectivity, sale by sample, failure to assess sample
Smith v Hughes (1871) LR 6 QB 597 is an English contract law case. In it, Blackburn J set out his classic statement of the objective interpretation of people's conduct (acceptance by conduct) when entering into a contract. The case regarded a mistake made by Mr. Hughes, a horse trainer, who bought a quantity of oats that were the same as a sample he had been shown. However, Hughes had misidentified the kind of oats: his horse could not eat them, and refused to pay for them. Smith, the oat supplier, sued for Hughes to complete the sale as agreed. The court sided with Smith, as he provided the oats Hughes agreed to buy. That Hughes made a mistake was his own fault, as he had not been misled by Smith. Since Smith had made no fault, there was no mutual mistake, and the sale contract was still valid.
The case stands for the narrow proposition that in a commercial sale by sample (following sample) where the goods conform to the sample shown, the court will mindful of the principle of caveat emptor ("buyer beware") look more to objective than subjective consensus ad idem ("meeting of the minds"). Its wider proposition, not directly relevant to the facts of the case, and later substantially reduced, was that a consumer buying an item, such as "a horse", without a representation or warranty (any seller's statement or special term as to its condition) making his own assessment which "turns out unsound" cannot avoid, that is seek to obtain a refund on, the contract — see for example the largely consolidatory Consumer Rights Act 2015.
SmithvHughes (1871) LR 6 QB 597 is an English contract law case. In it, Blackburn J set out his classic statement of the objective interpretation of...
Mary Eloise HughesSmith (nee Hughes, August 7, 1893 – May 3, 1940), also referred to as Eloise Smith or Mrs. Lucian P. Smith, was a survivor of the 1912...
test', which was explained in the leading English case of Smithv. Hughes. In Smithv. Hughes, the court emphasised that the important thing in determining...
that would result if the literal rule were applied is illustrated by SmithvHughes [1960] 2 All E.R. 859. Under the Street Offences Act 1959, it was a...
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negligence. Gran Gelato Ltd v Richcliff (Group) Ltd [1992] QB 560 see SmithvHughes (1871) LR 6 QB 597 (1881) 20 Ch D 1 The case also makes clear that,...
while drunk. Therefore, a bicycle could be classified as a carriage. In SmithvHughes (1960), the defendant was charged under the Street Offences Act 1959...
in some way recognises as a duty.' See SmithvHughes (1871) LR 6 QB 597, per Blackburn J. See also, Williams v. Walker-Thomas Furniture Co., 350 F 2d...
Albert Hughes and Allen Hughes (born April 1, 1972), known together professionally as the Hughes brothers, are American film directors and producers....
ouija boards. In June 1957, Plath and Hughes moved to the United States; beginning in September, Plath taught at Smith College, her alma mater. She found...
Larry Darnell Hughes Sr. (born January 23, 1979) is an American former professional basketball player. Hughes played for eight different teams during...
defendant in SmithvHughes would be exempted nowadays, and on which, according to the view by Blackburn J of the facts, the contract in Cundy v Lindsay,...
on good faith Da Costa v Jones (1778) Hochster v De La Tour (1853) on anticipatory breach SmithvHughes (1871) on unilateral mistake and the objective...
take an objective view of interpretation, best demonstrated by SmithvHughes. Where Mr Smith thought, after testing a sample, he was buying old oats but...
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