38. Identification of the parties.

In identifying the parties the overriding principle is that the parties must be described sufficiently that their identities cannot fairly be disputed1. If the description of a party is insufficient, oral evidence is inadmissible to show that the other party knew who he was2. In almost all cases, the requirement that the contract be signed by both parties will, of necessity, define those parties by name, but the signature in itself may not be sufficient to identify the capacity of each of the parties. There may be exceptional circumstances, for example if the signature is by a mark, where