Question

Peggy offers to sell Shelby a purebred Scottish terrier puppy for $800. Shelby and Peggy do not discuss the dog's ancestry, but Shelby believes that the dog came from champion lines and agrees to the price. Shelby later discovers that the puppy is worth only $200. Can Shelby rescind the contract based on her mistake? a. No, because Shelby made a mistake about the dog's value, not a mistake about a material fact. b. Yes, because Shelby had a duty to investigate. c. Probably so, because Shelby made a mistake about an immaterial fact. d. Yes, because the dog was clearly not worth $800.

Answer 1

Answer:

a. No, because Shelby made a mistake about the dog's value, not a mistake about a material fact.

Explanation:

Peggy made an offer to sell the dog for $800, they didn't discuss the dog's ancestry and Shelby wrongly assumed the dog was from champion lines and agreed to buy the dog for $800.

Based on further investigations, she discovered the dog was worth just $200.

She cannot rescind the contract because she wrongly assumed the dog's value not an error about à material fact. Peggy sold the dog at her own rates and Shelby bought the dog while wrongly assuming the value, so she cannot cancel the contract based on that.