Mark was shopping for a used car in February.He went to AutoMegaWorld and test drove a used 2000 Tiger XL.While driving the car,he looked at the climate control center and noticed that the temperature lever was marked "cold" at one end in blue and "hot" in red at the other end.Mark assumed that the "cold" marking meant that the car had air conditioning.Mark wanted to finally have an air-conditioned car.He did not discuss air conditioning in any way with the salesperson.Mark bought the car.Later,when Mark was showing his new car to friends,one of them pointed out to him that the car was not air conditioned.In this circumstance,which of the following is true?

Question

Quizplus · Accepted Answer

Mark's mistake was a unilateral mistake, meaning it was his own mistake and not caused by any misleading action by the seller. In such cases, the buyer cannot avoid the contract unless the seller knew or had reason to know about the mistake and took advantage of it. Here, there is no evidence that the seller knew or concealed the fact that the car did not have air conditioning. Therefore, Mark cannot avoid the contract on the basis of his unilateral mistake.

Mark Was Shopping for a Used Car in February