Unjust Delivery

This chapter examines the three main authorities usually cited for the proposition that mistakes as to identity, subject-matter, and quantity prevent title passing: R v Middleton (mistake as to identity), R v Ashwell (mistake as to subject-matter), and Ilich v R (mistake as to quantity). The question which needs to be asked is why these mistakes, but no others, prevent title passing. It argues that it is not clear that mistake should ever prevent title from passing and that three leading cases laying down the contrary are flawed.