8)

Bernard is friends with his neighbor Jim. Both Bernard and Jim love to jet ski and water ski. Bernard owns a boat and 2 jet skis. Bernard and Jim go jet skiing and water skiing almost every day during the Summer time.

Without talking to Jim, Bernard has been thinking about selling his 2 jet skis for almost one year. Bernard started dating a girl named Lucy and Bernard decides to propose to Lucy. However, Bernard does not have money to buy an engagement ring for Lucy.

After thinking about it for several months, Bernard decides he wants to sell his jet skis for $2500.00. The appraisal value of the 2 jet skis is about $5000.00, so Bernard believes selling the jet skis for $2500.00 is a very good deal.

On December 1, 2020, Bernard sends an email to Jim offering to sell his 2 jet skis to Jim for $1500.00. Bernard states in the email that he will wait for Jims response.

On December 5, 2020, Jim sends Bernard a written email responding to the offer, and accepts the offer, agreeing to buy Bernards 2 jet skis for $1500.00.

On December 6, 2020, Bernard suddenly realizes that he made a mistake and he meant to offer the 2 jet skis for $2500.00 instead of $1500.00. Bernard had accidentally typed $1500.00 when he made the written email offer to Jim, but made a typing error.

On December 6, 2020, Bernard sends another email to Jim stating that the contract was NOT valid because Bernard made a mistake and he MEANT to offer the 2 jet skis for $2500.00 instead of $1500.00.

On December 7, 2020, Jim responds and tells Bernard they have a VALID written contract and sends a check for $1500.00 to Bernard. Jim demands Bernard turn over his 2 jet skis.

Bernard files a lawsuit in Court, arguing that the contract is NOT valid because of his mistake. Bernard argues that Jim should be required to pay $2500.00 for the 2 jet skis or the contract is VOID.

WHAT IS ENTIRELY TRUE:

1. The Court will uphold the contract with Jim paying $1500.00 for the 2 jet skis and Bernard must exchange the 2 jet skis to Jim once Jim pays the $1500.00.

2. The Court will find that Bernard made an innocent mistake, so Jim must pay Bernard $2500.00 for the 2 jet skis.

3. The Court will VOID the contract because the parties made a mutual and bilateral mistake of fact about the value of the 2 jet skis.

4. None of the above.