High Court of Australia Copyright 1993 Commonwealth of Australia.

The Commonwealth Disposals Commission invited tenders 'for the purchase of an oil tanker lying on Jourmaund Reef, which is approximately 100 miles north of Samarai. Could the contract be void for common mistake? In fact, there was no oil tanker, the Defendant was relying on gossip. See Cheshire & Fifoot, p239.

No; Reasoning.

A shipwreck was sold; It didn’t exist; Issue. Accordingly we think that the judgment should be against the Commonwealth. Galloway v Galloway (1914) 30 TLR 531. The vessel is said to contain oil. McRae v Commonwealth Disposals Commission [1951] Facts. McRae v Commonwealth Disposals Commission (1951) 84 CLR 377. You are here: KB Home; Contract Law; McRae v Commonwealth Disposals Commission (1951) 84 CLR 377 < Back. McRae v Commonwealth Disposals Commission - [1951] HCA 79: Home. The Commonwealth Disposals Commission had only heard that … March 13, 2018 casesummaries. Decision. McRae v Commonwealth Disposals Commission [1951] HCA 79; 84 CLR 377; 25 ALJ 425; 25 ALJR 425; [1951] ALR 771. McRae v Commonwealth Disposals Commission (1951) 84 CLR 377.

The Commonwealth and the McRaes entered into a contract for a shipwreck (via tender) It turned out the shipwreck had never existed; McRae sued; Held . Liability for non-existence had been accounted for in the contract, therefore damages awarded; RELATED CASE Assicuriazioni Generali v Arab Insurance Group [2002] Posted in Contract Law Revision Notes.

But, in our view, the cause of action lies in contract, and reg. The defendants sold an oil tanker described as lying on Jourmand Reef off. Papua. McRae v Commonwealth Disposals Commission (1950) 84 CLR 377.

7 of the National Security (Disposal of Commonwealth Property) Regulations provides that the Commission may make contracts on behalf of the Commonwealth. However, when the complainant went to the location, after laying out significant expenses for the salvage, they discovered that in fact there was no oil tanker. The plaintiffs incurred considerable expenditure in sending a salvage.
expedition to look for the tanker.

Date: 27 August 1951: Catchwords: Contract—Sale of goods—Non-existence of goods at time of making contract—Know-Cited by: 169 cases Legislation cited: 0 provisions Cases cited: 93 cases BarNet … The complainant, McRae, won a tender from the defendants, Commonwealth Disposals Commission, to retrieve an oil tanker that was on Jourmaund Reef near Samarai. Title: McRae v Commonwealth Disposals Commission (1951) 84 CLR 377 - 03-13-2018 Created Date: 4/2/2018 3:46:28 AM

McRae sued to recover his losses. Dixon & Fullgar JJ: Mistake …

McRae [Plaintiff] won a tender to try salvage an oil tanker stranded on a reef from the Defendant [Commonwealth].

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