A Contract Was Made for 125 Bales of Cotton to Arrive

question 46

Multiple Choice

A contract was made for 125 bales of cotton to arrive on a ship named "Peerless" from Bombay.Unbeknownst to either party to the contract, there were two ships named "Peerless," both of which were sailing from Bombay.One sailed in October and the other in December.The buyer had in mind the ship sailing in October, but the seller had in mind the ship sailing in December.Each party held his belief in good faith.When the goods failed to arrive on time, the buyer sued for breach of contract.In this case:

• A)the seller is in breach and must pay damages.
• B)the seller is guilty of fraud in the inducement for failing to disclose to the buyer which ship would contain the goods.
• C)no contract exists due to mutual mistake of fact.
• D)Two of the above, (a) and (b).

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Definitions:

Diaphoresis

Excessive sweating, often as a symptom of an underlying health condition or physical exertion.

Flushed

Sudden reddish coloration of the skin.

Frostbite

A condition where localized damage is caused to skin and other tissues due to extreme cold.

Heatstroke

A severe condition caused by impairment of the body’s temperature-regulating abilities, resulting from prolonged exposure to excessive heat and characterized by cessation of sweating, severe headache, high fever, hot dry skin, and in serious cases collapse and coma.