ABSTRACT

Answer plan As the statement which you are asked to discuss makes clear, this question is concerned with the law relating to mistakes as to the identity of one of the contracting parties. Can the party who has made the mistake set the contract aside for that reason? Since the question asks directly about the House of Lords’ decision in Shogun, you should not attempt it unless you are fully familiar with this case. You will also need to show, however, that you understand the previous case law, and can identify what the question refers to as the ‘anomalies’ which have arisen.