10. Gary is an all-terrain-vehicle ("ATV") merchant. He currently has two ATVs for sale, worth $1,000 and $500, respectively. Heather agreesto buy "Gary's ATV" for $750, and signs a contract to that effect which is prepared by Gary. Gary believes, in good faith, that he is sellingthe $500 ATV. Heather believes, in good faith, that she is buying the $1,000 ATV.

• Do Gary and Heather have a valid and enforceable contract? (2points)
• What defense does Gary have from having to sell Heather the $1,000.00 ATV? ( 2 points)
• What defense does Heather have from having to buy the $500.00 ATV? (2 points)

Is a Court more likely to find for Gary or Heather? Why? ( 4 points)