In which of the following instances would the court most likely hold the contract to be void on the basis of a mistake?
A)Carson and Leno had a serious misunderstanding about a term in the contract; the court found that the more reasonable interpretation was that of Leno.
B)Barry and Mary contracted for the sale and purchase of a boat for the price of $1200.When the contract was written up,the price was incorrectly stated as $1700.
C)Although the seller said nothing to the buyer about the characteristics of the answering machine,the buyer bought it,thinking it would tell him the date and time of the call.Later,he learned that it did not perform that function.
D)Sarah bought three rolls of wallpaper,but found she had made a mistake; two would have been sufficient.
E)Two parties contracted for a shipload of fish,but unknown to both parties,at the time of the contract the ship had sunk and the fish had been lost.

Question

Quizplus · Accepted Answer

In this scenario, there is a fundamental mistake because the subject matter of the contract (the fish) does not exist. Both parties were mistaken about the fact that the fish had been lost at the time of the contract. Therefore, the court is likely to hold the contract void. In the other options, there may be mistakes, but they may not be fundamental enough to make the contract void.

In Which of the Following Instances Would the Court Most