Sam buys a car from Denise for $3,500 "as is".They agree to the terms of the contract orally.In attempting to reduce the contract to writing,Sam mistakenly writes down the amount as "$2,500".Both parties sign the contract.If either party resists any attempt to correct the document by denying a common mistake the court may
A)treat the agreement as void.
B)treat the agreement as unenforceable but order costs.
C)correct the written document to reflect accurately the contract made by the parties.
D)dismiss any action on the basis of non est factum.
E)rescind the agreement.

Question

Quizplus · Accepted Answer

The court can correct the written document to reflect accurately the contract made by the parties. This is based on the principle of rectification where the court can correct a written document to reflect the true intentions of the parties involved, especially in cases of a common mistake.

Sam Buys a Car from Denise for $3,500 "As Is