Question

Francisco is a concert violinist who is scheduled to perform at the Kennedy Center for the first time. He buys what he is told is a Stradivarius violin from a well-known, reputable dealer in quality violins, and he pays the going rate for a Stradivarius. He later learns the violin is an imitation, sold by the dealer who was trying to make quick money. In this case: a. Francisco has made a unilateral mistake and cannot avoid the contract. b. the sale is voidable by the seller for mutual mistake. c. the sale may be rescinded, because the dealer has made a nonfraudulent misrepresentation.

Answer 1

Answer:

c. the sale may be rescinded, because the dealer has made a nonfraudulent misrepresentation.

Explanation:

Francisco bought the violin from a reliable dealer and he was not aware that the violin was imitated. When he discovered, he had already paid for the violin. In this case, the dealer who sold the violin to Francisco has conducted a nonfraudulent misrepresentation. The violin could be returned and the sale could be canceled.