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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A. Buyer has a strong legal argument that the sale should NOT be rescinded.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B. Seller does not have a strong legal argument that the sale should be rescinded.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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