A court was asked to void a contract based on mutual mistake. The parties had entered into an agreement where the seller of good
s believed that he was to deliver the goods on the truck which was designated as Route 1. However, the buyer thought he was contracting for the truck designated as Route 2. The only difference between the two trucks was the delivery date -- the Route 1 shipment would be delivered one day sooner than goods shipped on Route 2. The later delivery did not really affect the buyer in any negative way. The buyer was so furious about the late delivery that he wished to teach the trucking company a lesson and requested the court to void the contract. The court will: _______.
not void the contract since at least one of the elements of mutual mistake is missing
Explanation:
It means that the contract signed between two parties is not currently valid. The terms aren't held by them. A void contract is basically unenforceable. It is considered illegitimate from the moment it was created so any obligations or rights can be executed.
