Question

Jane operates a home decorations shop selling slightly used goods. She bought a painting from Sally for the shop. Bob came into the shop and asked if the painting was by Bill, a local artist of some repute. Jane, without checking with Sally, says, "I'm sure it is" because she really did think it looked like one of Bill's paintings. Bob bought the painting. A week or so later, he took the painting by Bill's studio. Bill just laughed and said that he never painted anything that horrible. Bob took the painting back to Jane and asked for a refund. Jane refused on the basis that she never gave refunds and that Bob took the risk that the painting was not done by Bill. Should Bob sue in small claims court, who will likely win and why?
a. Bob on the basis of negligent misrepresentation.
b. Bob on the basis of innocent misrepresentation.
c. Jane both on the basis that Bob accepted the risk of loss and on the basis that he agreed by verbal contract to purchase the painting.
d. Jane on the basis that Bob accepted the risk of loss.
e. Bob on the basis of unilateral mistake.

Answer 1

Answer:

The answer is option E) If bob should sue in claims court, he could win on the basis of unilateral mistake.

Explanation:

In a contract setting, a unilateral mistake refers to instances where only one party is mistaken regarding a word, definition, term, quantity, or other measurement in a contract.

In this case, Bob's argument will be based on the premise that:

Jane assured him that he was buying Bill's paintings thereby making him to pay for something else that was different from what he really wanted.

And Jane should make refunds on the grounds that the error was from her end alone.