Sarah V. Bobb Decision

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Contracts #9 Model Answer The purpose of this assignment is to examine how mistakes on the part of both Buyer and Seller can affect a transaction. For the purpose of this assignment, since there are no facts to the contrary, we must assume that Bob is an honest merchant and any mistake or misrepresentation he made was an honest mistake with no intent to deceive. We will also rely on the fact that Bob was an attorney and since he only recently went into the pet store business, has little or no expertise about dogs. He is therefore relying upon the breeder’s representations as accurate and truthful. We must also assume that Sally and Sarah are also ignorant since the facts do not indicate that they have any special knowledge of dogs. Betty…show more content…
Conclusion: Although the contract was probably voidable since it was based upon mutual mistake, it is also voidable due to Bob’s misrepresentation. III. Sarah v. Bob B Issue: Was this contract based upon a mutual mistake or a unilateral mistake? Rule: A contract based upon a unilateral mistake is enforceable against the mistaken party unless the non-mistaken party is aware of the mistake. Analysis: Sarah did not see Bob’s ad. She was not aware of Bob’s mistake. She bought her dog based upon Sally’s representations. Sarah was also mistaken in thinking that all Labs were black. When Bob sent her a chocolate lab, Sarah realizes her mistake and seeks to void the contract. However, because Sarah made the mistake, she does not have the power to void it. Further, since she never inquired about color or breeding, there was no misrepresentation on Bob’s part. In fact, since the price was substantially less than the price quoted by Sally, this should have put Sarah on notice. Conclusion: Since the contract is not voidable, the term that “all sales are final” is

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