Mark Was Shopping for a Used Car in February

question 31

Multiple Choice

Mark was shopping for a used car in February.He went to AutoMegaWorld and test drove a used 2000 Tiger XL.While driving the car,he looked at the climate control center and noticed that the temperature lever was marked "cold" at one end in blue and "hot" in red at the other end.Mark assumed that the "cold" marking meant that the car had air conditioning.Mark wanted to finally have an air-conditioned car.Before test driving any cars,Mark had discussed with the salesperson what he wanted in a car,and mentioned air conditioning as a top priority.Mark and the salesperson had no other discussions about air conditioning generally or in connection with this particular car.When Mark was showing his new car off to friends,one of them showed him that the car was not air conditioned.In this circumstance,most likely:

• A)Mark can avoid the contract on the basis of mutual mistake.
• B)Mark can avoid the contract on the basis of unilateral mistake because the salesperson should have known that Mark was mistaken.
• C)Mark can avoid the contract on the basis of fraud by concealment.
• D)Mark can avoid the contract on the basis of fraud in the inducement.
• E)Mark cannot avoid the contract on the basis of his unilateral mistake.