SHOGUN FINANCE LTD. v. HUDSON [2003] UKHL 62

[2004] 1 Lloyd's Rep. 532

HOUSE OF LORDS

Before Lord Nicholls of Birkenhead, Lord Hobhouse of Woodborough, Lord Millett, Lord Phillips of Worth Matravers and Lord Walker of Gestingthorpe

Contract - Hire-purchase agreement - Offer and acceptance - Consensus ad idem - Fraudster produced false identification to dealer in order to obtain motor vehicle on hire-purchase agreement - Dealer communicated details and faxed hire-purchase proposal form to claimant finance company - Claimant carried out credit check on basis of false details provided and accepted proposal - Dealer permitted fraudster to take vehicle on payment of deposit - Defendant purchased vehicle in good faith from fraudster - Whether title to vehicle passed to defendant under s. 27 of the Hire- Purchase Act, 1964.