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Chuck Agreed to Sell a Widget to Tawny

question 61

True/False

Chuck agreed to sell a widget to Tawny.Under the terms of that contract,she was required to pay $50 000 on May 1 and he was required to deliver the widget to her by June 1.The contract also stated that,regardless of possession,property in the widget would not pass to Tawny until she paid the full price.Tawny failed to pay $50 000 on May 1.However,on May 2,she introduced Chuck to Brandi,who was willing to buy the same widget for $45 000.Chuck insists that Tawny is still required to pay $50 000.Tawny,in contrast,argues that she only has to pay $5000 and that Chuck is required to act reasonably by selling the widget to Brandi for $45 000.Chuck's argument is correct and Tawny's argument is incorrect.

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Definitions:

Mutual Mistake

An error shared by all parties to a contract, concerning a basic assumption on which the contract was based, that has a material effect on the agreed performance.

Standard-Size

Referring to items or products that are made to a specific, uniform set of dimensions or measurements to ensure consistency and compatibility.

Legal Assent

A mutual agreement under contract law wherein all parties involved acknowledge and adhere to the terms of a contract, making it legally binding.

Scienter

Knowledge of wrongdoing or fraudulent intent, often a necessary element in fraud cases.

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