Mistakes about the identity of a party to the contract

Question

What are the mistakes about the identity of a party to the contract?

Answer 1

For contracts not bargain in person, if party whose identity was mistaken assumed the name of some person or business known to the retailer, case in Cundy v. Lindsay, agreement would be void.

Consequently, if the purchaser has since sold the goods to 3rd party, duped seller would be able to recover the goods from that third party as if the goods were stolen rather than purchased in good faith. On the other hand, if the party whose identity was mistaken assumes the name of someone completely non-existent, as was the case in King's Norton, the contract would be voidable since the court holds there is no one else with whom the seller could have intended to contract.