The law of unilateral and mutual mistake
| Type | Citation | Sources | Views | Words | Pages | Essay # |
|---|---|---|---|---|---|---|
| Term Paper | None | 0 | 29 | 736 | 2 | 74609648 |
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Excerpt from Term Paper:
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What about the notion of fraud? The gallery provided you with an express
guarantee of authenticity of the autographed print and frame
There was no issue of fraud on the part of either party to the transaction. The
seller actually provided something that was worth substantially more than the item it
believed it was selling, not something worth less than represented. Even if the seller had
sold an unsigned or unauthenticated copy by honest mistake, there would still be no issue
of fraud, because fraud requires specific intent. In that case, the buyer would be entitled
to rescind the sale or to trade the item of lesser value for the item originally bargained for,
or to recoup the difference between the value received and the value for which he paid......
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