When Two Parties Are Involved in a Mutual Mistake (Misunderstanding)

question 20

Multiple Choice

When two parties are involved in a mutual mistake (misunderstanding) as to the meaning of a term of the contract, which of the following is usually applied by the court to settle the matter?

• A) The court will find that there is no contract because there is no meeting of the minds.
• B) Non est factum
• C) Caveat emptor
• D) The reasonable person test
• E) The equitable remedy of rectification

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Definitions:

Hyaline Casts

Microscopic cylindrical structures found in urine, typically consisting of a mucoprotein secreted by renal tubules, indicative of normal or mild renal irritation.

Irritability

A state of increased sensitivity or reactivity to stimuli, often resulting in quick tempered or grumpy responses.

Ileostomy

A surgical procedure where a piece of the ileum is diverted to an artificial opening in the abdominal wall, allowing waste to leave the body.

Ostomy Appliance

A medical device used to collect waste from a surgically created opening in the body, such as from the intestines or urinary system.