Question

Jacobi is visiting Sheila at her apartment while she is redecorating, and Sheila asks him if he would like to buy her two sofas that she is replacing. Sheila tells Jacobi that the sofas are in great condition and are the most comfortable she has ever had. She acknowledges that some of the fabric on the sofas is slightly worn but says that is their only issue. Jacobi buys the sofas on the spot, but once they are back at his house he finds that one of them is infested with bed bugs. Jacobi has to throw out the infested sofa and pay a special exterminator to come and get rid of the insects. Jacobi sues Sheila. Assume their jurisdiction follows the majority approach. How will the court rule?

Answer 1

Answer:    If Sheila had a reasonable belief that she was telling the truth, Jacobi can rescind the contract, but he cannot collect damages.

Explanation:  From the given text it can be concluded that Sheila did not intend to deceive Jacobi, that is, she was telling the truth when she claimed that the sofas were in good condition, except that the only issue was that the fabric on the sofas was slightly worn. Because this is an unintentional mistake, that is, Sheila's claim that everything else with the sofas is okay, Jacobi can rescind the contract but cannot collect damages.