Ahmed purchased some items from the claimant jeweler shop claiming to be Mr. Farooq Khan, a famous industrialist. He paid by cheque and persuaded the jeweler to allow him to take a ring immediately as he claimed it was his wife’s birthday the following day. He gave the address of Farooq Khan’s office and the jeweler checked the name, which matched the address in Yellow Pages. Ahmed then pawned the ring at the defendant pawnbrokers in the name of Mr. Yaqoob and received Rs.50, 000. He then disappeared without a trace. The claimant brought an action based on unilateral mistake as to identity.
Discuss the legal position with regard to the following points:
a) What type of mistake occurred?
b) Whether there was a contract or not? If yes, please explain
c) As a judge, how would you interpret and decide the case?
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