Question

Maurice offered to sell his used computer to Mike for $300, and Mike accepted. Both Maurice and Mike believed that the computer was one year old. When the receipt was found, however, it was discovered that the computer was actually 18 months old. Mike wants out of the agreement based on mutual mistake. Which of the following is Maurice's best position in an attempt to enforce the contract?
1) That the mistake did not have a material effect on the agreement.
2) That the mistake should be allocated equally between the parties.
3) That a mutual mistake was involved.
4) That a unilateral mistake was involved.
5) None of these, because as a matter of law, Mike can legally avoid the contract with this type of mistake.

Answer 1

Answer:

1) That the mistake did not have a material effect on the agreement.

Explanation:

Since it's provided in the question that the Maurice was offering Mike his used computer for $300. After accepting the offer, both thought the machine will be one year old but in fact it is 18 months old And Maurice's best position to enforce this contract is that the contract does not have any material effect on the agreement as the Maurice is not intentionally or deliberately doing it.

Hence, the first option is correct