Horst Grasz reached an agreement with Bert Allen Toyota, Inc., to purchase a 2003 Toyota Tacoma for $16,971, less a $1,000 rebate, plus taxes and fees. The sales manager entered the numbers into a computer and came back with a final price of $15,017.50. If the computations had been correct, the total would have been $17,017.50. Grasz wrote a check to cover the $500 deposit and the sales manager manually wrote on the sales agreement, "$14,517.50 due @ delivery." It wasn't until the truck arrived at the dealership approximately four weeks later that the sales manager discovered the error. The manager insisted Grasz pay an additional $2,000 over the agreed-on price to take delivery of the truck. Grasz filed suit. Bert Allen defended by arguing mutual mistake or, in the alternative, unilateral mistake. Who do you think prevailed? Why?
Answer to relevant QuestionsExplain when a unilateral mistake can lead to a con- tract's being voidable. In 2007, Mewhinney decided to sell the contents of his wine cellar. Kurtz, as president of The London Wineman, Inc., contacted Mewhinney about the sale. London Wineman was in the business of purchasing wine from individuals ...List the kinds of contracts that require a writing under the statute of frauds. Explain the relationship between commercial impracticability and frustration of purpose. The plaintiff and the defendant entered into a three- year contract in which the defendant would be the sole supplier of steel parts that the plaintiff used in its products. A dispute arose after the defendant sought to ...
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