A large number of contract cases involve a dispute about whether a mistake was mutual or unilateral concerning the quali

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answerhappygod
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A large number of contract cases involve a dispute about whether a mistake was mutual or unilateral concerning the quali

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A large number of contract cases involve a dispute aboutwhether a mistake was mutual or unilateral concerning the qualityof the object or its value. In a famous case, Sherwood v. Walker;66 Mich. 568, 33 N.W. 919 (Mich. 1887), the seller (Walker)promised to deliver a cow to the buyer (Sherwood). The seller, whoapparently believed that the cow was incapable of becomingpregnant, learned before the delivery was to take place that thecow was pregnant. A pregnant cow is far more valuable than a barrencow. The seller refused to deliver the cow to the buyer aspromised. He contended that the contract was premised on the mutualmistake that the cow was barren. The buyer denied that he had madesuch a mistake.
a. The knowledge that a cow is fertile, rather thanbarren, is productive, rather than merely redistributive.Why?
b. Suppose the law imposed on Sherwood (theplaintiff-buyer) the duty to disclose to Walker (thedefendant-seller) any evidence that the cow is fertile. Would therebe an objection to such a duty on efficiency grounds?
c. Should it matter in this case that Walker was aprofessional cattle rancher and that Sherwood was abanker?
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