Trudy is having a yard sale. One of the items she is trying
to sell is a violin she bought at an auction in Europe. Roger
sees the violin and asks Trudy if it is a Stravinsky. She
tells him it is and he agrees to pay $399 for it. Upon
inspection by an expert, it is later determined that the violin is
not a Stravinsky. Roger returns it to Trudy and demands his
money back. Trudy refuses and Roger sues to rescind the
contract. A court will most likely:
A. grant the rescission because the parties entered into the
contract under a bilateral mistake.
B. grant the rescission because the contract was not
written.
C. grant the recission because Roger can assert the defense of
undue influence.
D. not grant the rescission because Roger entered into the
contract under a unilateral mistake.
Under the common law a counteroffer by the offeree will
terminate the original offer.
True
False
Trudy is having a yard sale. One of the items she is trying to sell is a violin she bought at an auction in Europe. Rog
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