Jax, a university student commuted to and from classes by public transit. He decided that he must buy a car because the bus service was terrible. A friend was discussing this problem with Jax and said that he wanted to sell his car in order to purchase a motorcycle. Knowing the car's good condition, Jax said he would buy it. Jax's friend told him to come by to pick up the car in two days. Neither of them knew that the friend's roommate had borrowed the car that day and had destroyed it in an accident. This is not a cause of mistake of fact because the two were both clear as to what was the subject matter of the contract.

Question

Quizplus · Accepted Answer

This is a cause of mistake of fact because both parties were under the impression that the car was in good condition and available for sale at the time of the agreement, which was not the case due to the accident.

Jax, a University Student Commuted to and from Classes by Public