Asked by Angelina Herrera on Jul 05, 2024
Verified
Which of the following best describes Elton's situation?
A) Fraudulent misrepresentation, because Elton justifiably relied on a false statement by Porter.
B) Mutual mistake, because both parties were mistaken about the standard-size switchplates to be delivered under the contract.
C) Unilateral mistake, because Elton was mistaken about the size of the switchplates he needed for his blenders.
D) Duress, because Porter knows much more about the standard size for switchplates in the industry than Elton.
E) Negligent misrepresentation, because Porter should have known that the standard-size may not work for everyone.
Mutual Mistake
A legal concept where both parties involved in a contract have a shared misunderstanding about a critical fact of the contract.
Unilateral Mistake
Occurs when one party to a contract is mistaken about a basic assumption on which they made the contract, and the other party either knows or has reason to know of the mistake.
Standard-Size
Refers to products or items that are made to adhere to specific, established dimensions or norms commonly accepted in their category.
- Recognize the role of unilateral mistake in contract law and its potential to invalidate agreements.
Verified Answer
JE
Joshua EcholsJul 11, 2024
Final Answer :
C
Explanation :
Elton was under the unilateral mistake regarding the size of the switchplates he needed for his blenders, believing they matched the industry standard size when they did not.
Learning Objectives
- Recognize the role of unilateral mistake in contract law and its potential to invalidate agreements.