Fred is a concert violinist who is scheduled to perform at Carnegie Hall for the first time.He buys what he is told is a Stradivarius violin from a well-known,reputable dealer in quality violins,and he pays the going rate for a Stradivarius.He later learns the violin is an imitation,although it is such a good imitation that even the dealer thought it was authentic.In this case:
A) Fred has made a unilateral mistake and cannot avoid the contract.
B) the dealer has committed fraud in the inducement.
C) the sale is voidable by the purchaser for mutual mistake.
D) the sale is voidable,because the dealer has made a fraudulent misrepresentation.

Question

Quizplus · Accepted Answer

The sale is voidable by the purchaser for mutual mistake because both Fred and the dealer believed the violin was a genuine Stradivarius when in fact it was not. This mutual error about a basic assumption on which the contract was made allows the contract to be voidable.

Fred Is a Concert Violinist Who Is Scheduled to Perform