4. Oscar wants to sell his piano. Leslie wants to buy a new piano and thinks...

 

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4. Oscar wants to sell his piano. Leslie wants to buy a new piano and thinks Oscar's pianois new. Oscar doesn't know that Leslie thinks she is buying a new piano; he thinks she is looking for a second-hand one. The objective view of the reasonable person might be that the condition of the piano provides reasonable support for Leslie's mistake, and that there was no evidence to prevent Oscar from being mistaken about Leslie's intent. If so, it might be argued that the parties had not reached consensus and there was no contract. Develop arguments to support Oscar's position and Leslie's position on the basis that the mistake is: a. a unilateral mistake of Leslie's; and b. a mistake as to the identity of the subject matter of the contract (5 marks total). 5. Jessie dreamed of becoming an astronaut, but his parents had a different career in mind for their son. Jessie was about to enroll in a master's program in astronomy when his mother approached him with an offer. She proposed that if he would attend medical school in Nova Scotia (her place of birth), she would pay for all of his schooling and living accommodations. Jessie had many offers to attend astronomy programs at prestigious institutions in Toronto, where he lived and maintained a great job at the Ontario Science Centre. Grateful for the idea of not having to pay any tuition fees for schooling, Jessie accepted his mother's offer and went on to pursue a medical degree in Nova Scotia, turning down the opportunity to pursue his dream in astronomy. Explain whether the arrangement between Jessie and his mother would be considered a valid contract in the eyes of the law. 4. Oscar wants to sell his piano. Leslie wants to buy a new piano and thinks Oscar's pianois new. Oscar doesn't know that Leslie thinks she is buying a new piano; he thinks she is looking for a second-hand one. The objective view of the reasonable person might be that the condition of the piano provides reasonable support for Leslie's mistake, and that there was no evidence to prevent Oscar from being mistaken about Leslie's intent. If so, it might be argued that the parties had not reached consensus and there was no contract. Develop arguments to support Oscar's position and Leslie's position on the basis that the mistake is: a. a unilateral mistake of Leslie's; and b. a mistake as to the identity of the subject matter of the contract (5 marks total). 5. Jessie dreamed of becoming an astronaut, but his parents had a different career in mind for their son. Jessie was about to enroll in a master's program in astronomy when his mother approached him with an offer. She proposed that if he would attend medical school in Nova Scotia (her place of birth), she would pay for all of his schooling and living accommodations. Jessie had many offers to attend astronomy programs at prestigious institutions in Toronto, where he lived and maintained a great job at the Ontario Science Centre. Grateful for the idea of not having to pay any tuition fees for schooling, Jessie accepted his mother's offer and went on to pursue a medical degree in Nova Scotia, turning down the opportunity to pursue his dream in astronomy. Explain whether the arrangement between Jessie and his mother would be considered a valid contract in the eyes of the law.

Answer rating: 100% (QA)

Unilateral Mistake of Leslie a Oscars Position Oscar can argue that he had no knowledge of Leslies mistaken belief that the piano was new From his perspective he was selling a secondhand piano and he ... View the full answer