Ken is one of the largest beef wholesalers in all of East Dakota; Jesse operates one of the most famous and fantastic steakhouses in the state. One day, Ken finds himself with an inventory of especially bad beef; he tried selling it to dog food manufacturers, but even they wouldn't take it! Needing some cash to make payroll that week and really needing the bad meat gone from his warehouse, Ken mixes some of the poor quality meat in with Jesse's order of select-grade filet mignons. Not noticing the bad meat in the container (likely because Ken has done his best to hide it), Jesse accepts the delivery and pays Ken for it. He does not notice the bad meat until two days later. Obviously, he is furious and wants his money back from Ken. If Ken refuses, does Jesse have any remedy under contract law?

Yes, because this is a case of mutual mistake, and the contract can be set aside.

No, because when Jesse took delivery, he assumed any risk of poor quality meat at that point.

Yes. Jesse can get this contract invalidated, either because Ken failed to perform or because Ken acted fraudulently.

No, because in waiting two days to notify Ken of the problem, Jesse has waived his right to object by allowing too much time to pass.