Jill and Karl contract for the sale of Jill's horse for $1,000.Unknown to either party,the horse has died.Karl is

Question

Quizplus · Accepted Answer

The mutual mistake doctrine is invoked when both parties are mistaken as to some material fact, and it can be shown that the parties would not have entered into the contract if they knew the truth. In this case, Jill and Karl were mistaken as to the fact that the horse was alive when they contracted for the sale. Since the horse has died and both parties were unaware of it, the sale contract is voidable. Therefore, Karl is not required to pay due to the mutual mistake.

Jill and Karl Contract for the Sale of Jill's Horse