Suggests there must be some personal fault to preclude
rescission of contract.
Defendant contracted to sell plaintiff freehold house
for £850 ‘Subject to existing tenancy thereof’
Value of house with vacant possession was much more.
Both parties mistakenly believed house occupied by
In fact person in possession left.
Goff J held this was common mistake, which was
Defendant not so at fault as to disentitle him to
relief, since although vendor should generally know who his tenants are, this
was case of longstanding and informal tenancy.