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An artist entered into a contract to sell a sculpture, believing it to be her original work. The buyer, also believing it to be an original, agreed to purchase it. After the sale, it was revealed that the sculpture was actually a replica made by a third party. What type of mistake does this scenario illustrate, and what is the impact on the contract?a)  Mistake of law; contract is not voidb)  Unilateral mistake; contract is voidablec)  Bilateral mistake; contract is voidd)  Mistake regarding a private right; contract is voidable

Question

An artist entered into a contract to sell a sculpture, believing it to be her original work. The buyer, also believing it to be an original, agreed to purchase it. After the sale, it was revealed that the sculpture was actually a replica made by a third party. What type of mistake does this scenario illustrate, and what is the impact on the contract?a)  Mistake of law; contract is not voidb)  Unilateral mistake; contract is voidablec)  Bilateral mistake; contract is voidd)  Mistake regarding a private right; contract is voidable

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Solution

This scenario illustrates a c) Bilateral mistake; contract is void. In this case, both parties were under the same mistaken belief about a fundamental fact (the authenticity of the sculpture). This is a bilateral mistake, also known as a mutual mistake. The impact on the contract is that it is void, meaning it is not legally enforceable. This is because the contract was based on a fundamental misunderstanding, so it is as if the contract never existed in the first place.

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