Which result is most likely in the dispute between Jen and Monique regarding which used truck was sold, assuming that both Jen and Monique were innocently mistaken and did not intend to defraud the other?

A) The contract will be rescinded.
B) Jen will be allowed to pick the truck she wants to buy because she is the buyer, and she may also recover damages.
C) Monique will be allowed to pick the truck she wants to sell because she is the seller.
D) Jen will be allowed to pick the truck she wants to buy because she also had a contract on the ancillary farm.
E) Jen will be allowed to pick the truck she wants to buy because she is the buyer, but she may not recover damages.

Question

Phil Angelie Nemenzo · Accepted Answer

Final Answer : A, Explanation :  The contract for the truck will likely be rescinded due to mutual mistake. Both parties were under a mistaken belief about a basic assumption on which the contract was made (which truck was being sold), and this mistake had a material effect on the agreed exchange. Since neither party intended to defraud the other and they cannot agree on which truck was being sold, rescission is the most equitable remedy.

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