While a mistake as to the identity of one of the parties to a transaction prevents the creation of a contract1, a mistake which is merely as to an attribute of the other party, for example his wealth or creditworthiness2, or even the name of a person there present3, does not vitiate the transaction at law4. However, as the identity of a person may be described as the sum of his attributes, what at first sight appears to be merely a mistake as to attributes may in fact go to identity5.
Special consideration must be given to the situation where
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