When a contract refers to an item by name,and there are two different items by that same name but the contract does not identify which one was intended,what type of mistake has occurred if each party assumed the contract referred to a different one of these identically named items?
A) a mutual mistake of fact
B) a unilateral mistake of fact
C) a unilateral mistake of value
D) a mutual mistake of value
E) No mistake occurred in this situation if the correct name was used.

Question

Quizplus · Accepted Answer

This is a mutual mistake of fact because both parties were mistaken about which item was being referred to in the contract.

When a Contract Refers to an Item by Name,and There