Asked by
Paige Cullen
on Nov 23, 2024Verified
A met B while shopping, and in the course of conversation, mentioned that he had a motorcycle for sale. B was familiar with A's motorcycle and offered to purchase it for $500. A accepted the offer, and A and B walked to A's home to get the motorcycle. When they reached A's house, they were told by A's father that the motorcycle had been stolen earlier in the day and was subsequently found by the police in a badly damaged and burned condition in a local stone quarry. B may avoid the contract on the basis that the parties had made a mistake as to the existence of the subject matter.
Mistake as to Existence
A legal misunderstanding or error regarding the actual existence of a subject matter or condition of a contract.
- Gain insight into the notion of errors in contract law and their implications for the validity of agreements.
- Discern between the varied mistakes in the formation of contracts: unilateral, mutual, and common.
Verified Answer
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Learning Objectives
- Gain insight into the notion of errors in contract law and their implications for the validity of agreements.
- Discern between the varied mistakes in the formation of contracts: unilateral, mutual, and common.