A Wagon Maker Failed to Attach a Wheel Securely to the Axle.The

question 25

Multiple Choice

A wagon maker failed to attach a wheel securely to the axle.The wheel came off and the driver was injured.This is an example of:

• A)assumption of risk.
• B)misrepresentation.
• C)negligence.
• D)unforeseeable misuse.

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Definitions:

Mutual Mistake

A misunderstanding between all parties of a contract regarding the basic facts or terms of the contract, which can make the agreement voidable.

Unilateral Mistake

A misunderstanding or error made by one party in a contract, which may not necessarily void the contract.

Misrepresentation

The assertion of a fact that is not in accord with the truth. A contract can be rescinded on the ground of misrepresentation when the assertion relates to a material fact or is made fraudulently and the other party actually and justifiably relies on the assertion.

Material Fact

A fact that is significant or essential to the issue or matter at hand, and if known, could influence an individual's decision in a transaction, contract, or legal case.