Abstract:
The article focuses on legal problems involving the situation where one contracting party is mistaken as to the other contracting party's identity. It presents the facts, issues and decision of the Shogun Finance Ltd. vs. Hudson case, where a rogue entered the premises of a car dealership and offered to purchase a 'Mitsubishi Shogun.' The rogue signed a hire-purchase agreement with the claimant, Shogun Finance Ltd. and forged his signature. It raises an important issue relating to the taxonomy of the doctrine of mistake in English law. The problem of mistaken identity may be adequately solved by applying the 'offer and acceptance' theory, there are several reasons for rejecting the suggestion of a continuing role for the doctrine of mistake.