Brief of Hartog v Colin and Shields

Brief of Hartog v Colin and Shields by Legum

Hartog v Colin and Shields [1939] 3 All ER 566

The defendants entered into an oral agreement with the complainant to sell 30,000 hare skins at a price of 10d per skin. In preparing the written agreement, the defendant stated they would sell the skins to the complainant at 10d per pound instead of per skin as earlier orally agreed. This mistake made the hare skin cheaper, but the complainant accepted the offer knowing the defendant made a mistake. The defendant refused to go through with the sale.


Whether or not there was a contract between the plaintiff and defendant.


There was no contract.


The court held that the plaintiff could not have believed that the written offer by the defendant contained their real intention. That the complainant was aware that hare skin was sold per skin and not per pound. That the complainant had a duty to correct the mistake and not seek to take advantage of it.