Mistake as to Identity and the Threads of Objectivity

Chandler, A.; Devenney., J.P.

Abstract

Discusses the significance of mistaken identity in contract negotiations and the importance of the House of Lords ruling in Shogun Finance Ltd v Hudson, on whether a dishonest buyer was able to pass good title to a vehicle obtained on the basis of mistaken identity to a third party purchaser. Reviews key provisions of the Hire Purchase Act 1964 Part III and the court's conclusions on issues including the extent to which an objective factual analysis was to be applied to the rules of offer and acceptance and whether different presumptions applied to contracts concluded through face to face negotiations and those concluded through correspondence.

Citation

Chandler, A., & Devenney., J. (2004). Mistake as to Identity and the Threads of Objectivity. Journal of obligations & remedies, 3(1), 7-22

• Journal Article Type: Article
• Publication Date: Nov 1, 2004
• Deposit Date: May 4, 2007
• Publicly Available Date: Mar 22, 2012
• Journal: Journal of obligations & remedies.
• Print ISSN: 1470-8086
• Publisher: Northumbria Law Press
• Peer Reviewed: Peer Reviewed
• Volume: 3
• Issue: 1
• Pages: 7-22
• Keywords: Cars, Formation of contract, Fraud, Hire purchase, Mistake, Third parties, Title to goods.
• Public URL: https://durham-repository.worktribe.com/output/1553890
• Publisher URL: http://www.heinonline.org/HOL/Page?handle=hein.journals/jor2004&id=1&size=2&collection=journals&index=journals/jor