NATIONAL LAW INSTITUTE UNIVERSITY

BHOPAL

CONTRACT - I

PROJECT SYNOPSIS

MISTAKE AS TO IDENTITY

Submitted to- Submitted by -

Ms. Neha Sharma
Faculty in charge Law of Contracts Mahesh Rawat
Roll no. – 2018 B.A L.L.B 51
Enrollment no. – A-1958
INTRODUCTION

There is no branch of the law of contract which is more uncertain and difficult than that which is
concerned with the effect of mistake on the formation of a contract, and of the various problems
which have arisen here the most disputed seem to be those in which questions concerning the
identity or the existence of the parties are in issue.

“The person or with whom the contract is to be made must be identified correctly by the other
party. It is a fundamental mistake on the part of the other party not to recognize the correct
person. The principle of the contract holds good only when the identity of the contracting
party is given importance. ”

Mistake is not just a blank, it contains a false picture of reality. Every mistake involves a mental
confusion of truth and falsehood, it involves ignorance of the truth as well as a positive belief in
a falsehood. In the case of mistake as to identity there is not only ignorance of the true identity
but also a positive belief that the person in question has been identified. There is a failure to
recognise together with a false belief that a separate identity has been established and verified.

1. STATEMENT OF THE PROBLEM

The present study is an attempt to find out the how mistake occurs in a contract and specially
how it is related to identity and how it is different from fraud.

2. OBJECTIVES/AIM

Following are the objectives of this project -

 To study about mistake arising in Law of Contract.

 To study about various forms of mistake in Law of Contract.
 To study what is Mistake as to Identity.
 To differentiate between Attributes and Identity.
 To study various cases in foreign as well as Indian context for better understanding of
Mistake as to Identity.
3. Research Question
When the mistake as to identity amounts to fraud and when it does not lead to fraud.
4. METHOD OF STUDY
The present study has adopted the doctrinal method of study. The study has tried to deal
with the basic concept first and then with the related provisions, explaining every
component of it.

5. TABLE OF CONTENT

1 Introduction
2 Statement of problem
3 Objectives
4 Hypothesis
5 Distinction between attributes and Identity
6 Cases on Mistake as to Identity.
7 Fraud.

6. REVIEW OF LITERATURE

This project work will be done by referring the sources mentioned below

1. https://indiankanoon.org/doc/83763 for definition and various sections of Indian contract

act

2. https://www.lawnotes.in/Mistake for highlighting various modes communication of

acceptance by acceptor

And some other sources for content and concept clarity will be referred in this project

7. FINDINGS AND SUGGESTIONS

8. CONCLUSION
9. BIBLIOGRAPHY