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 a good imitation, which fooled even the dealer.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D)the sale may be rescinded, because the dealer has made a nonfraudulent misrepresentation.

Question

Quizplus · Accepted Answer

The sale may be rescinded because the dealer made a non-fraudulent misrepresentation. Even though the dealer did not know that the violin was not a genuine Stradivarius, the fact that it was not a Stradivarius means that there was a misrepresentation. As such, the purchaser (Fred) can seek to rescind the contract and recover the purchase price.

Fred Is a Concert Violinist Who Is Scheduled to Perform