Car and Universal Finance V Caldwell (1964)

• Mr Caldwell owned a Jaguar. A  rogue called Mr Norris convinced him to sell it for a £965 cheque and a £10 deposit
• When he tried to cash the cheque it was dishonoured. Mr Caldwell told the police and the Automobile Association straight away.
• Mr Norris sold the car to some, who sold it on and it was sold on again and again to Car and Universal Finance Ltd
• Had Caldwell validly rescinded before the car was acquired by a bona fide purchaser for value without notice
• Ruling :

  Mr Caldwell had rescinded the contract as he had taken all the steps he could to demonstrate he didn't want to be bound by the contract.
• Ruling - Davies LJ noted the old maim lex non cogit ad impossibilia (the law does not compel the impossible)
• Point of Law : You cannot rescind if it is impossible to do so.