Mistaken identity and the precarious third party

Fletcher, Roland (2004). Mistaken identity and the precarious third party. Law Teacher, 38(3) pp. 372–386.

DOI: https://doi.org/10.1080/03069400.2004.9993163


The decision in Shogun Finance Ltd v. Hudson [2003] 3 WLR 1371 dealt with the notion of mistaken identity and considered the rules of agency when dealing with the formation of a hire purchase contract. It is irresistible to question this decision and the application of the legal rules, dealing with mistaken identity, that were produced over a hundred years ago and to apply them in today's commercial environment. This article examines the basis of the decision and whether the application of the law has become distorted in its quest to apply an artificial formula to ascertain whether a contract is void or voidable.

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