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John and Alicia Are Neighbors in Cleveland

Question 149

Multiple Choice

John and Alicia are neighbors in Cleveland.Alicia has been transferred in her job and is moving to Portland.She and John enter into a contract for John to drive her car to Portland for $200.John believed that she meant Portland,Maine when in fact she intended that the car be driven to Portland,Oregon.There was no reason for John to know which city she wanted the car shipped to.Which is true in this situation?


A) John can rescind this contract due to mutual mistake, but Alicia cannot.
B) This is a mutual mistake that would allow either party to rescind the contract.
C) Because each city is correctly called Portland, the only mistake relates to the value of delivering the car to the proper city, and neither party can rescind.
D) John can rescind this contract due to unilateral mistake, but only if Alicia knew that John had the wrong Portland in mind.
E) John can rescind the contract due to mutual mistake, but only if he can establish that Alicia intentionally misled him.

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