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Candy and Latifah make a contract Latifah will sell 10 herb plants to Candy, and will send them to her on the 'Herbs Express' train
Candy and Latifah make a contract Latifah will sell 10 herb plants to Candy, and will send them to her on the 'Herbs Express' train on Tuesday. Unknown to both Latifah and Candy. the 'Herbs Express' runs two services on Tuesday one in the morning, and one in the evening. Latifah only knows about the morning service, so she puts the herb plants on that train. Candy only knows about the evening service, and when she comes to collect the herb plants from the evening train. none are there. Which statement best describes what has happened? Select one: 0 a. There has been a unilateral mistake, and this makes the contract voidable. The closest precedent is Tayior vJohnson. 0 b. There has been a mutual mistake, because both parties have made the same mistake. The closest precedent is McRae v Commonwealth Disposals Commission. 0 c. There has been a common mistake, because both parties have made the same mistake. This makes the contract void ab initio. 0 d. There has been a mutual mistake, because the parties are at crosspurposes. The closest precedent is Ra'ies v Wicheinaus
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