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George has decided to sell his car. Elaine saw George s ad in the paper for a red 1 9 9 7 used Ford Mustang
George has decided to sell his car. Elaine saw Georges ad in the paper for a red
used Ford Mustang with only miles on it and decided to look at the car. After taking it
for a test drive Elaine confessed to George how excited she was to buy a Mustang with only
miles on it and went on and on about what a good deal it was! George didnt interrupt
her excitement to tell her it really had miles on it because, hey, she really was getting
a good deal. Elaine purchased the car from George only to find out a week later of its true
mileage. She called George to complain and get some of her money back but George denied
anything wrong and said since she testdrove the car she should have seen the mileage and its
was not his fault. Elaine is so upset she decides to take George to court. Which of the
following is correct?
a George will win because Elaine made a common mistake and that does not allow
one to get out of a contract in a court of law.
b George will win because the mistake was not on a material fact and you cannot
have a mistake on just an opinion.
c George will win because it was a bilateral or mutual mistake and Elaine is bound
to the objectivity of the contract.
d Elaine will win because George knew she was making a mistake but didnt tell
her, so the court will rule in favor of the mistaken party.
e Elaine will win because since it was a mutual mistake and they both had different
perceptions of the mileage, the court will allow the buyer to get her money back.
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