Valerie Promised to Buy Nicole's Car for $2,000

question 57

Multiple Choice

Valerie promised to buy Nicole's car for $2,000.Nicole drew up the contract providing that the exchange would occur the next week.Unfortunately,Nicole was not very good with the keyboard and typed in $1,200 as the price of the car.Valerie noticed that the contract said $1,200,not $2,000,and was very pleased.She signed it without saying anything.When it was time to make the exchange,Valerie gave Nicole $1,200.In response to Nicole's inquiry regarding an additional
$800,Valerie pulled out the contract and showed her that it said $1,200.Nicole immediately responded that she had made a typographical error.Valerie said that there was no mistake on her part because she knew exactly what she was doing and that she thought that Nicole had decided to give her a deal on the car.Which of the following is Nicole's best argument for a rescission of the contract?

• A)That because a bilateral contract,as well as a unilateral mistake was involved,most courts would grant relief.
• B)That duress was involved because of Valerie's wrongful behavior.
• C)That a unilateral mistake was involved and that courts typically allow relief in situations involving unilateral mistakes as opposed to mutual mistakes.
• D)That the mistake resulted from a sale of goods,as opposed to the provision of services,and that courts are more likely to grant relief for a mistake when actual physical work is not involved.
• E)That the mistake resulted from an accidental clerical error and that it would be unconscionable to enforce the contract.

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Definitions:

Moral Obligation

A duty or commitment that is not legally enforceable but is based on ethical or moral considerations.

Preexisting Duty Rule

A legal principle that an existing obligation or duty cannot serve as consideration for a new contract.

Rescission

The act of canceling a contract, returning both parties to their pre-contractual situation.

Mutually Agree

A situation in which two or more parties come to a common understanding or consent on a matter.