Mary and Jason discuss the fact that a new teacher is being hired for business law at their school.Jason mentions that he does not yet have a book,and Mary agreed to sell Jason a used business law book for $30 for the upcoming semester.When the new semester begins,the new business law teacher announces that a new custom business law text will be used that is only available in the campus bookstore.Jason wants a refund.Which of the following is Mary's best defense?
A) That Jason knew of the change of change of teacher and bore the risk of mistake.
B) That only a unilateral mistake was involved on Jason's behalf because Mary was aware of the change and that, therefore, Jason is not entitled to a discharge.
C) That a mutual mistake was involved and that Jason is, therefore, not entitled to a refund.
D) That transactions involving goods are not subject to the defense of mistake.
E) That she did not commit fraud and that, therefore, Jason is not entitled to rescission.

Question

Quizplus · Accepted Answer

For a mutual mistake to interfere with legal consent, there must be an adverse effect on a party who did not agree to bear the risk of mistake at the time of the agreement.

Mary and Jason Discuss the Fact That a New Teacher