Sarah is suing her lawyer,Tom Takeitall,for the return of property worth $20,000 that she had given him.She had signed a properly sealed document making the gift to him.She says she knew what she was signing but felt overwhelmed by his manner.
-Oswald bought a variety-store franchise because he thought that its position on a bus route near some high-rise apartments would make it very lucrative.He had misread the transit map,however,for the bus ran along the street parallel to the one the store was on,and the occupants of the high rises usually shopped at a store on that street.Since Oswald has made a mistake of fact,the court will grant him rescission of the franchise contract.

Question

Quizplus · Accepted Answer

Mistake of fact must be mutual or material to the contract's terms for rescission. Oswald's unilateral mistake about the bus route is unlikely to qualify.

Sarah Is Suing Her Lawyer,Tom Takeitall,for the Return of Property