15. Identity and attributes.

15.     Identity and attributes.

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