C v C [1942]

Key Points:

• Case Background:

◦ A New Zealand woman married a man whom she believed to be a famous boxer. This belief was incorrect.

• Annulment Attempt:

◦ The woman sought to have the marriage annulled based on her mistaken belief about her husband's identity.

• Outcome:

◦ The court refused to annul the marriage. The woman's incorrect belief about her husband's identity was not deemed sufficient grounds for nullity.

Impact and Analysis:

• Mistake of Attribute vs. Identity:

◦ This case illustrates the distinction between mistakes about identity and mistakes about attributes or characteristics. The court did not consider a mistaken belief about an attribute (e.g., being a famous boxer) sufficient to invalidate a marriage.

• Legal Precedent:

◦ The ruling highlights that for a marriage to be annulled on the basis of mistake, the mistake must pertain to the other party's identity itself, rather than to attributes or personal characteristics.