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Words: | Submitted: Tue Jun 20 2006
... innocent third party, Chandler has acquired the goods prior to any rescission of the contract with the rogue by Joey. For Joey to reclaim the property from Chandler he must have the contract between himself and the rogue to be ruled void. Where party A makes a contract with party B believing B to be C the law makes a division between contracts where the parties are in face to face (inter praesentes), and, those where the parties are not physically in each others presence (inter absentes). In the former category it is presumed that the mistaken party intends to deal with the person actually before them, regardless of the identity this party may have assumed. As Joey had dealt personally with Ross Walters, it is not unreasonable to conclude that he intended to deal with the person presented before him. In the latter category this presumption is easier to refute. ...
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