Initiator Bears Loss
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
22456_tutor_rescission · CONTRACTS · Choice ANo, because the tutor was the one who asked to be released from the agreement.
Why it's attractive
The answer says 'because the tutor was the one who asked.' The word 'one' signals a fairness heuristic, not a legal test. Mutual rescission turns on mutual assent and bilateral executory status — not who initiated.
Why it's wrong
The answer says 'because the tutor was the one who asked.' The word 'one' signals a fairness heuristic, not a legal test. Mutual rescission turns on mutual assent and bilateral executory status — not who initiated.
22456_tutor_rescission · CONTRACTS · Choice BYes, because the mother received value from the tutor's services.
Why it's attractive
The answer says 'because the mother received value.' The word 'received' is true as a fact — but the legal conclusion does not follow. Receiving value does not create a payment obligation after mutual rescission.
Why it's wrong
The answer says 'because the mother received value.' The word 'received' is true as a fact — but the legal conclusion does not follow. Receiving value does not create a payment obligation after mutual rescission.
22456_tutor_rescission · CONTRACTS · Choice DYes, because the tutor is entitled to be paid for her partial performance.
Why it's attractive
The answer says 'because the tutor is entitled to be paid for her partial performance.' The word 'entitled' is an overclaim. Partial performance creates a right to payment only if the contract is breached — not if the parties mutually agree to cancel.
Why it's wrong
The answer says 'because the tutor is entitled to be paid for her partial performance.' The word 'entitled' is an overclaim. Partial performance creates a right to payment only if the contract is breached — not if the parties mutually agree to cancel.
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