The defendant, Vincent, wanted to purchase a wristwatch from the plaintiff's store. In response to Vincent's enquiry,
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Question:
- The defendant, Vincent, wanted to purchase a wristwatch from the plaintiff's store. In response to Vincent's enquiry, a store clerk informed him that the price of a particular Rolex men's wristwatch was $900. Vincent told the clerk that she must mean $9 000. The clerk checked the price with a senior store employee who confirmed that the price was $900. The defendant purchased the watch although he suspected that it was seriously underpriced.
- When the clerk subsequently realized that the price was actually $9 000, the store brought an action in court for the return of the watch
- a) What type of mistake was made by the salesclerk?
- b) What defence would Vincent argue to prove that he had made a valid and legally binding sale?
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