Use this fact situation to answer the questions that follow.
A has two Corvette Stingray automobiles, one built in 1965 and the other built in 2009. Generally speaking, both cars are worth approximately the same amount (about $70 000.00). A now wants to sell the 1965 Corvette and to this end begins negotiations with B, who knows that A owns both a 1965 and a 2009 Corvette. In discussions with B, A says "I'm thinking of selling my Corvette for $65 000.00.” B believes A is talking about his 2009 Corvette, so B says "I'll buy it at that price," and pays A the $65 000.00. Later A calls B asking him when he is going to pick up the 1965 Corvette. Having thought that he was buying the 2009 Corvette, B now tells A he wants his money back.
In this situation,
a. only B has made a mistake, and he can seek rectification of the contract and get the 2009 Corvette from A.
b. only B has made a mistake as to the subject matter of the contract, so he cannot get his money back if A delivers the 1965 Corvette.
c. both A and B have made a mistake as to the subject matter of the contract, and the contract is voidable.
d. both A and B have made a mistake as to the subject matter of the contract, and the contract is void.
e. only A has made a mistake as to the subject matter of the contract, so B cannot get out of the contract so long as A delivers the 1965 Corvette.
Quick Reply
