Ratio Decidendi
In a written contract, the identity of the contracting parties is determined by the written document. A rogue who fraudulently assumes another's identity to obtain goods on hire purchase does not obtain title, and the innocent third-party purchaser from the rogue gets no title either.
তথ্য
A rogue used a stolen driving licence to obtain a car on hire purchase in another person's name. He then sold the car to Mr Hudson.
রায়ের সারসংক্ষেপ
The House of Lords held (3–2) that the hire purchase agreement was with the person named in the document, not the rogue. Since the rogue never obtained title, he could not pass title to Mr Hudson under the nemo dat rule.
মূল উদ্ধৃতি
"Where the contract is in writing, the identity of the parties is a matter of construction of the written instrument."
— Lord Hobhouse
পরবর্তী ব্যবহার
Leading but controversial authority on mistake as to identity in written contracts.