Mistake Always Means Mutual
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
14392_tutor-typist-land · CONTRACTS · Choice AThere is no enforceable contract, because Timothy is entitled to rescission due to a mutual mistake as to a basic assumption of the contract.
Why it's attractive
The stem says only Timothy was mistaken. Peter was not mistaken about anything. 'Mutual' requires both.
Why it's wrong
The stem says only Timothy was mistaken. Peter was not mistaken about anything. 'Mutual' requires both.
14392_tutor-typist-land · CONTRACTS · Choice BThere is no contract, because the parties attached materially different meanings to the price term.
Why it's attractive
Peter understood $85,000 — the face value of the letter. He didn't attach a 'different meaning.' Timothy's secret intention doesn't create a different meaning Peter attached.
Why it's wrong
Peter understood $85,000 — the face value of the letter. He didn't attach a 'different meaning.' Timothy's secret intention doesn't create a different meaning Peter attached.
14392_tutor-typist-land · CONTRACTS · Choice DThere is a contract formed at a price of $80,000.
Why it's attractive
Timothy *meant* $80,000, but his letter *said* $85,000. The law binds him to what he communicated, not what he intended.
Why it's wrong
Timothy *meant* $80,000, but his letter *said* $85,000. The law binds him to what he communicated, not what he intended.
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