A has a Tom Thomson painting that he wishes to sell.A has heard that B is an art lover and takes very good care of the paintings of Canadian masters.As a result,A decides that he will only contract with B.So he calls B and they make a deal over the telephone.Unfortunately,B's servant C overhears the conversation and before B can get to A's house,C arrives there pretending to be B.A sells the painting to C believing that C is B.Just after C leaves A's house,B shows up and A realizes his error.This situation is a classic example of
A)breach of contract.
B)fraud or deceit.
C)mistake by both parties as to the subject matter of the contract.
D)unilateral mistake as to identity.
E)all of the above

Question

Quizplus · Accepted Answer

This situation is a classic example of a unilateral mistake as to identity, as A believed he was contracting with B but was actually dealing with C pretending to be B. There is no evidence of breach of contract or fraud/deceit, and mistake as to the subject matter of the contract does not apply here. Therefore, the correct answer is D.

A Has a Tom Thomson Painting That He Wishes to Sell.A