Fact Pattern 14-A1
Dina, an employee of Eagle Industries, is injured in a work-related accident. Based on the diagnosis of Frank, a doctor, Dina accepts $50,000 from Eagle and waives the right to future claims. Frank's diagnosis later proves to have been wrong.
-Refer to Fact Pattern 14-A1. Dina may, according to the deci?sion in Case 14.1, Roberts v. Century Contractors, Inc.,
A) obtain damages from Eagle for nonfraudulent misrepresentation.
B) obtain damages from Frank for fraudulent misrepresentation.
C) recover nothing because Dina waived the right to future claims.
D) set aside the settlement with Eagle due to a mistake of fact.

Question

Fact Pattern 14-A1 
Dina, an employee of Eagle Industries, is injured in a work-related accident. Based on the diagnosis of Frank, a doctor, Dina accepts $50,000 from Eagle and waives the right to future claims. Frank's diagnosis later proves to have been wrong.
-Refer to Fact Pattern 14-A1. Dina may, according to the deci?sion in Case 14.1, Roberts v. Century Contractors, Inc.,
A) obtain damages from Eagle for nonfraudulent misrepresentation.
B) obtain damages from Frank for fraudulent misrepresentation.
C) recover nothing because Dina waived the right to future claims.
D) set aside the settlement with Eagle due to a mistake of fact.

Quizplus · Accepted Answer

Dina may set aside the settlement with Eagle due to a mistake of fact, as the diagnosis that led to the settlement was incorrect.