Question

Mark agrees to buy dale's one-half-ton truck so that he can pull his trailer. both mark and dale believe that the truck is large enough to do the job. after they complete the deal, mark hitches the truck to the trailer and attempts to pull the trailer, but without success. the contract between mark and dale can be rescinded because of:

Answer 1

I believe the answer is: Mutual mistake

Mutual mistake happen when all the parties involved in the contract both mistaken regarding the things or material within their contract, which make them able to re-consider the term of the contract or even renew it. This type of mistake usually occurs when the planning do not represent the actualisation on the field

Answer 2

The contract between both of them is rescinded because of mutual mistake. It is because Mark and Dale, the parties of the contract, are both made a mistake about the estimation of the size of the truck. Although Dale and Mark have meeting of minds which is considered the contract to be valid but both they have made mistake, therefore, the contract is voidable.