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JC Smith's The Law of Contract

JC Smith's The Law of Contract (3rd edn)

Paul S. Davies
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date: 22 May 2024

p. 626. Identity of offeror and offereelocked

p. 626. Identity of offeror and offereelocked

  • Paul S. Davies

Abstract

This chapter considers situations where one party (A) makes an offer to another party (B) but a third party (C) purports to accept the offer made by A. If A makes an offer to B and B alone, that offer cannot be accepted by C. Whether an offer is restricted to B alone is a question of interpretation. If A makes a mistake as to the other party’s identity, no contract will be formed (or, as it is sometimes said, the contract will be void). If A makes a mistake as to the other party’s attributes (such as their creditworthiness) then a contract will be formed. However, that contract may be voidable as a result of a misrepresentation. Whether a contract is void or voidable is particularly important where third parties have acquired rights in the subject matter of a contract.

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