One day, Titus visits a garage sale in Townsville and finds a used tennis racquet with the initials RF inscribed on the handle. The tennis racquet was being sold for $30 by the owner Uma who is in her late 30s. Titus asks Uma if she knew what the initials RF meant. Uma says she is not a tennis player herself but it used to belong to her ex-husband Vince who happens to be an avid tennis player. According to her, Vince had a large collection of tennis racquets that he left with her when they separated and this is the last one she is trying to dispose of. She does not have fond memories of Vince.

Titus pays her $30 in cash and returns home with the racquet all the while thinking whether he had overpaid for it. Several days later he takes it to his friend William who manages a physical shop in Townsville that trades in second-hand goods. William takes a look at it and says “Your tennis racquet is now a collector’s item as it is a highly sought-after model that is no longer produced. It was once endorsed by a world-famous tennis player.” Titus asks William how much it is worth. William replies “At least $5,000. How much do you want for this?”

Uma who happens to be in the same store at the same time overhears the conversation. She walks up to Titus and demands that he return the racquet to her as she has changed her mind. Uma asserts that she made a mistake selling the racquet to Titus at the relevant time. She hands Titus $30 in cash and insists that the racquet be returned to her immediately.

REQUIRED

Advise Titus regarding whether Uma will be successful in alleging mistake and whether she can rescind the agreement with Titus.

Answer rating: 100% (QA)

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