Mark was shopping for a used car in February.He went to Auto Mega World and test drove a used 2001 Tiger XL.While driving the car,he looked at the climate control center and noticed that the temperature lever was marked "cold" at one end in blue and "hot" in red at the other end.Mark assumed that the "cold" marking meant that the car had air conditioning.Mark wanted to finally have an air-conditioned car.He did not discuss air conditioning in any way with the salesperson.Mark bought the car.When Mark was showing off his new car to friends,one of them pointed out to him that the car was not air-conditioned.In this circumstance:
A) Mark can avoid the contract on the basis of mutual mistake.
B) Mark can avoid the contract on the basis of unilateral mistake.
C) Mark can avoid the contract on the basis of fraud in the inducement.
D) Mark cannot avoid the contract on the basis of his unilateral mistake.
E) Mark cannot avoid the contract because this is a mistake of value.

Question

Quizplus · Accepted Answer

Mark's mistake was a unilateral mistake, meaning that it was his own mistake and not caused by any misrepresentation or fraud from the seller. As a general rule, a unilateral mistake does not provide grounds for avoiding a contract. Mark did not ask the salesperson about air conditioning nor did the salesperson make any misrepresentation. Therefore, Mark cannot avoid the contract based on his unilateral mistake.

Mark Was Shopping for a Used Car in February