Moss v Moss (otherwise Archer): 1897

Sir Francis Jeune P said: ‘But when in English Law fraud is spoken of as a ground for avoiding a marriage, this does not include such fraud as induces a consent, but is limited to such fraud as procures the appearance without the reality of consent. The simplest instance of such fraud is personation . . in every case where fraud has been held to be the ground for declaring a marriage null, it has been such fraud as has procured the form without the substance of agreement, and in which the marriage has been annulled, not because of the presence of fraud, but because of the absence of consent.’ and ‘Error about the family or fortune of the individual though procured by disingenuous representations does not at all affect the validity of the marriage’


Sir Francis Jeune P


[1897] P 263


Updated: 04 May 2022; Ref: scu.540363