A met B while shopping, and in the course of conversation, mentioned that he had a motorcycle for sale. B was familiar with A's motorcycle and offered to purchase it for $500. A accepted the offer and A and B walked to A's home to get the motorcycle. When they reached A's house, they were told by A's father that the motorcycle had been stolen earlier in the day and was subsequently found by the police in a badly damaged and burned condition in a local stone quarry. A and B made a valid contract, and A must deliver to B the motorcycle in the condition that it was in before it was stolen.

Question

Quizplus · Accepted Answer

The contract between A and B was based on the mutual understanding that the motorcycle was in the condition known to both parties at the time of the agreement. Since the motorcycle was stolen and damaged without A's knowledge before the contract was finalized, A cannot be held responsible for delivering the motorcycle in the condition it was in before it was stolen. The contract would likely be void due to the mistake about the fundamental condition of the motorcycle.

A Met B While Shopping, and in the Course of Conversation