End-of-chapter questions: Answer Guidance 6.1

Identity of offeror and offeree

This question requires you to identify what the principles of law are. For example, you might discuss identity/attribute, contracts made in writing at a distance/contracts made face-to-face, void/voidable. And you should assess each principle: is the principle ‘clear and sound and needing no revision’ either in isolation or when taken with the other principles? It would be helpful to engage with the reasoning of Lord Hobhouse in Shogun Finance, as well as the dissenting judges. You might also consider whether the law has been made clear as a result of Shogun Finance. You clearly need to adopt an argument here; whether you agree with the majority or minority in Shogun Finance, or have a different view, does not much matter, but you do need to engage with the law and be consistent in your argument.