End-of-chapter questions: Answer Guidance 6.2

Identity of offeror and offeree

This is a problem question that raises a similar issue to the essay question. The contract is made face-to-face, but here it may be that the presumption that Mozzie intends to deal with whoever is in the shop can be rebutted. This might be because Mozzie wants to deal with David Beckham in particular, and also because Mozzie is not simply interested in the creditworthiness of the person in the room: Mozzie wants the car and shirts that only David Beckham can give to him.

Even if there is a contract concluded between Mozzie and Neal, that contract is voidable, and it may be that Mozzie can still rescind the agreement. This is because David Beckham may not enjoy the defence of bona fide purchaser for value without notice, since he knew that he was getting such a good deal.