Moss v Moss [1897]

Key Points:

• Mistake Regarding Identity:

◦ The case established that for a marriage to be declared void based on mistake, the mistake must pertain to the identity of the other party rather than to their attributes or characteristics.

• Details:

◦ In Moss v Moss, the petitioner sought to annul the marriage on the grounds of mistake. The mistake, however, was related to the attributes or personal qualities of the spouse, not their identity. The court ruled that such a mistake does not suffice to render a marriage void.

Impact and Analysis:

• Clarification of Grounds for Annulment: This case clarified that a fundamental mistake affecting the validity of a marriage must involve a misunderstanding about who the other party is, not merely their traits or characteristics.

• Protection of Marriage Validity: By requiring the mistake to be about identity, the court aims to protect the stability and validity of marriages from being invalidated on less substantial grounds. This ensures that annulments are reserved for more significant and fundamental errors affecting the essence of the marital relationship.