Abe sold Benny his allotment saying that he would find in the ground a range of WWI memorabilia which he could then sell. Benny failed to find anything and is suing Abe. Would Abe be:

Question

Quizplus · Accepted Answer

Where one of the parties has specifically promised that the subjest matter of the contract exists, then mistake has no role to play as in McRae v Commonwealth Disposals Commission (1951) 84 CLR 377, Stone par 9.4.1

Abe Sold Benny His Allotment Saying That He Would Find