Fact Pattern 14-A1 (Questions A2-A3 apply)
Linea,an employee of Hard Labor Industries (HLI),is injured in a work-related accident.Based on the diagnosis of Newt,a doctor,Linea accepts $50,000 from HLI and waives the right to future claims.Newt's diagnosis later proves to have been wrong.
-Refer to Fact Pattern 14-A1.In terms of the impact on Linea's agreement with HLI,Newt's misdiagnosis is
A)a mistake of fact.
B)an expert's puffery.
C)innocent misrepresentation.
D)negligent misrepresentation.

Question

Quizplus · Accepted Answer

A mistake of fact is an error in belief about a past or present fact that is material to a contract. In this case, Linea's belief that her injuries were not as severe as they actually were was a mistake of fact that was material to her decision to accept $50,000 from HLI and waive her right to future claims.

Fact Pattern 14-A1 (Questions A2-A3 Apply)