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On Saturday, while attending a garage sale at the home of Seller, Buyer sees a nice frame around a dull painting. Wanting only the frame,
- On Saturday, while attending a garage sale at the home of Seller, Buyer sees a nice frame around a dull painting.
- Wanting only the frame, Buyer offers $20 and Seller accepts.
- Buyer pays the $20 and takes the painting (in the frame) home.
- On Sunday, before cutting the painting from the frame, Buyer becomes curious to know more about the painting.
- Buyer researches it and discovers the painting is worth $100,000.
- Also on Sunday, Seller's brother informs Seller, to Seller's dismay, that the painting that Seller sold for $20 is worth $100,000.
- Seller sues Buyer to rescind the sale.
A. Buyer has a strong legal argument that the sale should NOT be rescinded.
WHAT IS THAT ARGUMENT?
B. Seller does not have a strong legal argument that the sale should be rescinded.
NEVERTHELESS, WHAT LEGAL ARGUMENT(S) CAN YOU MAKE FOR SELLER'S POSITION?
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