Both Mistaken Means Rescission
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Contracts1
Example wrong choices
20351_red_sea_mini_golf · CONTRACTS · Choice AGrant rescission because hidden subsurface drainage defects are always outside an as-is clause.
Why it's attractive
It sells the thought that hidden defects are too serious for an as-is clause to cover. The breaker is the word always, because the clause expressly names hidden defects.
Why it's wrong
The word always overclaims the effect of hidden-defect status.
Spot it next time
Circle always and test whether the stem's exact clause names the risk.
20351_red_sea_mini_golf · CONTRACTS · Choice BDeny rescission only if Barnabas proves that Ruth personally inspected every drainage tunnel.
Why it's attractive
It sells the idea that assumption of risk must be backed by personal inspection. The breaker is that the inspection requirement is invented.
Why it's wrong
The answer invents a personal-inspection prerequisite.
Spot it next time
Ask whether the answer's proof condition appears in the stem or a taught anchor.
20351_red_sea_mini_golf · CONTRACTS · Choice CGrant rescission because both parties were mistaken about the drainage tunnels.
Why it's attractive
It sells the true mutual-mistake fact and feels like the classic rule. The breaker is that it skips the as-is risk-allocation term.
Why it's wrong
The answer proves mutual mistake but omits risk allocation.
Spot it next time
After confirming both parties were mistaken, ask who bore the mistake-risk.
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