Answered Essay: Anthony calls Carlo on his mobile phone and represents himself to be Sam, a person whose reputation is

Anthony calls Carlo on his mobile phone and represents himself to be Sam, a person whose reputation is well known to Carlo. With the intention of dealing with Sam, Carlo delivers a quantity of goods to a place designated by Anthony who then sells the goods to Domenic. What is the legal position between Anthony, Carlo and Domenic? (A) None as the contract is void as a result of the mistake as to the identity of the other party. (B) Anthony gets title to the goods and is entitled to sell the goods and keep the money from the sale. (C) Carlo is no longer the owner of the goods as he delivered them to Anthony. (D) Domenic, as the buyer of the goods from Anthony, is entitled to the goods and has title and possession.

Expert Answer

This example is an exception for unilateral mistake. In this case as Carlo has delivered the goods to Anthony under the belief that he is delivering the goods to Sam. This is a case of unilateral mistake as only Carlo can be deemed to be under confusion. As per law unilateral mistake and contract cannot be avoided.

However when the mistake is as to the identity of the parties it becomes an exception for unilateral mistakes. Thus such contracts can be avoided.

Hence the answer is option “a” – None as the contract is void as a result of the mistake as to the identity of the other party.

(Anthony cannot pass on a better title than what he himself has.)

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