A contract was made for 125 bales of cotton to arrive on a ship named "Peerless" from Bombay. Unbeknownst to either party to the
contract, there were two ships named "Peerless," both of which were sailing from Bombay. One sailed in October and the other in December. The buyer had in mind the ship sailing in October, but the seller had in mind the ship sailing in December. Each party held his belief in good faith. When the goods failed to arrive on time, the buyer sued for breach of contract. a.
The seller is in breach and must pay damages.
b.
The seller is guilty of fraud in the inducement for failing to disclose to the buyer which ship would contain the goods.
c.
No contract exists due to mutual mistake of fact as to the existence or identity of the subject matter of the contract.
Answer: No contract exists due to mutual mistake of fact as to the existence or identity of the subject matter of the contract.
Explanation:
Breach of contract is legal cause of action and a type of civil wrong, whereby a binding agreement or bargained-for exchange was not honored by one or more of the parties to the agreement in the contract by non-performance or an interference with the other party's performance.
In this scenario, the buyer cannot sue for breach of contract when the goods failed to arrive on time because no contract exists due to the mutual mistake of fact as to the existence or the identity of the subject matter of the contract. There was a mistake regarding the ship "Peerless". A party had in mind the one coming by October while the other party had the one coming in December in mind. Due to this error, no contract existed.
To change direction by making a two-point turn, you'll need to use either a driveway or a cross street. Check for traffic and slow down as you get ready to turn. Next, pull slowly into the driveway or street, turning the steering wheel as needed.
The advantage of discretion here allows an official to focus their energy on specific situations where the law gets broken in a reckless manner. Officers can also make contact with individuals that they believe could be hiding something or have broken serious laws that require an intervention to keep others safe.
In the 1960s, deep cultural changes were altering the role of women in American society. More females than ever were entering the paid workforce, and this increased the dissatisfaction among women regarding huge gender disparities in pay and advancement and s3xual harassment at the workplace
