In which of the following cases of assent is the rescission of a contract unenforceable?
A) mutual mistake of value
B) misrepresentation of a material fact
C) silence as misrepresentation
D) innocent misrepresentation

Question

Quizplus · Accepted Answer

The rescission of a contract due to mutual mistake of value is unenforceable because both parties were mistaken about the value of the subject matter, which implies that neither party had an advantage over the other. Therefore, it would be unfair to allow one party to rescind the contract without the other party's consent. Misrepresentation of a material fact, silence as misrepresentation, and innocent misrepresentation are all cases where the rescission of a contract is enforceable.

In Which of the Following Cases of Assent Is the Rescission