[Elton's Electronics] Elton's Electronics sells electronic housewares. Elton is looking for a new supplier to produce the standard-sized switchplate for its best-selling blender. He contacts Porter and provides Porter with specifications for where the switches on the switchplate should be placed. Porter provides excellent pricing and delivery terms, which would save Elton a lot of money. Elton and Porter sign a contract for Porter to produce 10,000 standard-sized switchplates according to Elton's specifications. When the completed switchplates arrive, Elton's employees attach them to the blenders, however, the standard-sized switchplates are two millimeters too long. Elton is furious and calls Porter, who says Elton can send back the switchplates and Porter's company can rework them, but there will be a fee because the switchplates he shipped were "standard-size" switchplates, as specified in the contract. Elton disagrees and hangs up the phone. Elton's technician measures both the switchplates and the blender and discovers that the blender face where the switchplate is attached is two millimeters shorter than the well-known "standard-size" switchplate. The technician suggests they could shave off two millimeters from Porter's boards to make them fit on the blenders, however, it would be a lot of work.
-Is Elton likely to be successful in a lawsuit that seeks to void or rescind the contract?
A) Yes, because it was a mistake of fact.
B) Yes, because both parties were mistaken about what constitutes a "standard-size" switchplate, and where there was a mutual mistake, either party may choose to rescind the contract.
C) No, because only Elton, not Porter, was mistaken about what constitutes a "standard-size" switchplate, and a unilateral mistake generally does not void a contract.
D) Yes, because a unilateral mistake voids a contract.
E) No, because courts rarely allow rescission in cases of a mutual mistake.
Correct Answer:
Verified
Q75: Which of the following is an example
Q76: [Sale of KyRo's Toys] Ky and Roland
Q77: [Sale of KyRo's Toys] Ky and Roland
Q78: Which of the following is false about
Q79: [Scheming 'Friends'] Richard wants to rent a
Q81: What is the purpose of the concept
Q82: Which of the following is true about
Q83: Set forth the factors referenced in the
Q84: In which of the following examples would
Q85: Set forth the exceptions that would permit
Unlock this Answer For Free Now!
View this answer and more for free by performing one of the following actions
Scan the QR code to install the App and get 2 free unlocks
Unlock quizzes for free by uploading documents