A corkscrew collector found a bottle opener in a box of old corkscrews he purchased at an
Question:
A corkscrew collector found a bottle opener in a box of old corkscrews he purchased at an estate auction. Not knowing anything about bottle openers, he listed it for $5 on Amazon.com, describing it as "a typical old bottle opener." A casual bottle opener collector saw the ad and purchased it for $5, not knowing that in fact that it was the first bottle opener ever marketed by Coca Cola for opening carbonated bottled drinks, and worth more than $1,000 to collectors of rare Coca Cola bottle openers. After the true value of the bottle opener was discovered and a news story appeared in the local paper titled "Clueless Corkscrew Collector Screwed Up," the corkscrew collector filed a lawsuit seeking damages of either $995, or the return of the bottle opener.
Should the corkscrew collector prevail?
Question options:
A) | Yes, because the buyer was unjustly enriched. |
B) INCORRECT | No, because the parties made a mutual mistake as to value. |
C) | No, because the consideration was adequate, and there was consensus ad idem. |
D) | Yes, because mistakes are construed against the party benefitting from them. |