Contracts made inter praesentes: is where the parties are face to face, there is a presumption that the mistaken party intends to deal with the other person who is physically present and identifiable by sight and sound, regardless of the identity that one or other may assume. For such a mistake to be an operative mistake and to make the agreement void, the mistaken party must show that; they intend to deal with someone else, the party they dealt with knew of this intention, they regarded identity as of crucial importance and they took reasonable steps to check the identity of the other person. Even where the contract is void, it may be voidable for fraudulent misrepresentation. However, if the goods that are the subject matter have passed to an innocent third party before the contract is avoided, that third party may acquire a good title (ownership without any conditions or restrictions).