Carlos and David Contract for the Sale of Five Hundred

question 66

Multiple Choice

Carlos and David contract for the sale of five hundred head of Carlos's cattle for $95 per head. Unknown to either party, an unforeseen storm has struck the herd and many of the cattle have died. David is

• A) ​entitled to recover the value of the lost cattle.
• B) ​not required to pay due to the bilateral mistake.
• C) ​not required to pay due to the unilateral mistake.
• D) ​required to pay because he assumed the risk the cattle might die.

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Definitions:

Interference

A phenomenon in which the learning of new information hampers the ability to recall previously learned information.

Repression

A defense mechanism where undesirable thoughts, memories, or desires are unconsciously pushed out of conscious awareness.

Retrograde Amnesia

A type of memory loss where an individual cannot recall information that was learned before a specific event or injury.

Encoding Specificity

The principle that recall is most effective when information available at the time of encoding is also available at the time of retrieval.