Our phone lines are closed Monday 27th May. You can still place your order online as usual.

Strickland v Turner – 1852

277 words (1 pages) Case Summary in Cases

07/03/18 Cases Reference this

Disclaimer: This work was produced by one of our professional writers as a learning aid to help you with your studies.

Any opinions, findings, conclusions or recommendations expressed in this material are those of the author and do not necessarily reflect the views of Parallelewelten.net.

If you would like to view samples of the work produced by our academic writers please click here.

Strickland v Turner (1852) 7 Ex 208

Contract – Life Assurance – Premium – Death – Void – Annuity – Mistake – Common Mistake – Subject Matter


In this case, Strickland, the complainant, entered into a contract for annuity and life assurance on the life of Turner, with an insurance company. However, at the time the contract was made, Turner was already dead. The complainant nor the insurance company were aware of this when the contract was made and this did not have an effect on their agreement at the time of formation. It was later discovered that Turner was dead and remedy was sought.


The issue in this case concerned whether the complainant could be given a refund on his premium, due to Turner being dead at the time the contract was made. In addition, the court was to decide whether the contract between the parties was void.


It was held by the court that the contract between the complainant and the insurance company was void. There had been a lack of consideration at the time of agreement nor enquiry into the health of Turner. This was classed as a common mistake to the contract and it was held that neither party was at fault. Thus, the complainant was entitled to receive his premium back due to this mistake. It was stated that a mistake to the subject matter of a contract must be fundamental and persuade each of the parties to enter into that agreement. Since turner was dead at the time the parties made the contract, this agreement was void.

Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.

Related Services

View all

DMCA / Removal Request

If you are the original writer of this essay and no longer wish to have the essay published on the UK Essays website then please.




Current Offers