Omar asserts that a deal he entered into with Pat to sponsor and host a motivational conference for independent sales representatives was formed as the result of a mistake. Omar's best defense to the enforcement of this contract is
A) a desire not to perform.
B) insufficient capital.
C) preliminary indications of unsatisfactory results.
D) the lack of a party's voluntary consent.

Question

Quizplus · Accepted Answer

The best defense Omar has to not have to perform the contract is the lack of a party's voluntary consent. If Omar can prove that he was mistaken in his understanding of the terms or the agreement, then the contract can be voided. This type of mistake is known as a mutual mistake, where both parties were under a mistaken belief about the terms of the agreement.

Omar Asserts That a Deal He Entered into with Pat