Asked by Brit'Ney McCoy on Apr 26, 2024
Verified
Which analysis of the effect of the discovery that Dylan has a book that is not appropriate for the class would be correct?
A) Dylan is stuck with the book because he objectively agreed to purchase it.
B) Dylan is stuck with the book because Yasmeen did not commit fraud.
C) Dylan is stuck with the book because Yasmeen subjectively thought it was the correct book, and Dylan did not openly disagree before the contract was executed.
D) Because the parties had a mutual misunderstanding, the parties did not come to a meeting of the minds, and there is no contract.
E) Because both parties were mistaken, at Dylan's option he may return the book; but only half of the purchase price would be required as a refund from Yasmeen because she is not guilty of fraud.
Mutual Misunderstanding
A situation in which all parties involved have a different understanding of the terms or conditions of an agreement.
Contract Executed
An agreement that has been fully performed by all parties involved.
Fraud
Intentional misleading to achieve unjust advantage or illegal benefit, or to cheat someone out of a lawful entitlement.
- Understand the essentiality of consideration in contract creation and the influence of shared errors or misunderstandings on the enforceability of a contract.
Verified Answer
SP
sergio perezMay 03, 2024
Final Answer :
D
Explanation :
The correct analysis is that due to the mutual misunderstanding about the edition of the book, there was no meeting of the minds between Yasmeen and Dylan, which is a fundamental requirement for a valid contract. Since both parties were operating under a mistaken belief about a material fact (the edition of the book), the contract can be considered void due to the lack of mutual assent.
Learning Objectives
- Understand the essentiality of consideration in contract creation and the influence of shared errors or misunderstandings on the enforceability of a contract.