Question

Sierra offers to sell Alyssa a Scottish terrier puppy for $800. Alyssa and Sierra do not discuss the dog’s ancestry, but Alyssa believes that the dog came from champion lines and agrees to the price. Alyssa later discovers that the puppy is worth only $200. Can Alyssa rescind the contract based on her mistake?

Answer 1

Answer:

Probably not, because Alyssa made a mistake about the dog's value, not a mistake about material fact.

Explanation:

When Sierra offered to sell the dog to Allysa, Allysa failed to discuss the ancestry of the puppy. She wrongly believed the dog came from a line of champions.

On finding out the dog is only worth $200, she will not be able to rescind the contract because the onus to ask all relevant questions about the purchase before accepting is on her.

She made the mistake of assuming the dog was worth $800. She made a mistake about the dog's value and not the material fact.

Answer 2

Answer:

Likely not, unless Sierra agrees, which she won’t unless she wants to give Alyssa $600

Explanation:

Sierra probably tricked Alyssa on purpose, so she won’t want to go back on the deal, because she was the one on the gaining side of it