Question: As discussed in the case in the text, Hicks v . Sparks, 2 0 1 4 Del. LEXIS 1 4 2 ( Del . Sup.
As discussed in the case in the text, Hicks v Sparks, Del. LEXIS Del Sup. Ct a person who is harmed by a mutual mistake cannot avoid that contract if he is considered to bear the risk of mistake. Which of the following statements is true?
The adversely affected party does not bear the risk of mistake when he contracts with conscious awareness that he has limited information about a fact.
A buyer is not considered to have accepted the risk when he accepts property as is
A person who is harmed by the mistake can avoid the contract on the basis of mutual mistake even if he is considered to bear the risk of mistake.
Courts have the power to allocate risk of a mistake on the adversely affected person whenever it is reasonable under the circumstances to do so
Step by Step Solution
There are 3 Steps involved in it
1 Expert Approved Answer
Step: 1 Unlock
Question Has Been Solved by an Expert!
Get step-by-step solutions from verified subject matter experts
Step: 2 Unlock
Step: 3 Unlock
