Maurice offered to sell his used computer to Mike for $300,and Mike accepted.Both Maurice and Mike believed that the computer was one year old.When the receipt was found,however,it was discovered that the computer was actually 18 months old.Mike wants out of the agreement based on mutual mistake.Which of the following is Maurice's best position in an attempt to enforce the contract?
A)That the mistake did not have a material effect on the agreement.
B)That the mistake should be allocated equally between the parties.
C)That a mutual mistake was involved.
D)That a unilateral mistake was involved.
E)None of these,because as a matter of law,Mike can legally avoid the contract with this type of mistake.

Question

Quizplus · Accepted Answer

For a mutual mistake to interfere with legal consent,it must involve all of the following: a)a basic assumption about the subject matter of the contract; b)a material effect on the agreement; and c)an adverse effect on a party that did not agree to bear the risk of mistake at the time of the agreement.Courts will not void contracts for reason of mutual mistake if even one the preceding attributes is missing.

Maurice Offered to Sell His Used Computer to Mike for $300,and