Question

Under the principles of contract law, even if there is offer and acceptance, consideration and intention a contract may still fail because there is no real consent to it by one or both parties. Which of the following statements are true?

A. A party might argue that his or her consent was not genuine because he has made a mistake

B. A party might argue that his or her consent was not genuine because the other party used duress or undue influence

C. A party might be able to have a contract set aside because he or she paid too much for an item.

D. At law, a mutual mistake is said to have occurred when the parties misunderstand each other and are at cross purposes.

Question 11 options:

	1) A, B and D.
	2) A and C.
	3) A, B and C.
	4) D.

Answer 1

Answer is -

A, B And C,

Explanaiton -

Offer and Acceptance and consideration and intention Law of contract made in 1900, cause most of Offer done Orally which create conflicts in future, and to avoid this things, Offer and acceptance tools created in written and if Both party sign in Both Offer Letter and acceptance letter then contract done,

See as per Law of Contract Here in Option

A) A party might argue that his or her consent was not genuine because he has made a mistake

One Party in Both did mistake and said Consent was not genuine, so here party is not ready to complete contract that why here contract is not completed or not accepted after offer accepted.

In Optoin

B)  party might argue that his or her consent was not genuine because the other party used duress or undue influence

Here also one party things Consent was not genuine and Other party used duress or undue influence so here also Both party are not ready to do contract of Law, one party is not satisfied. that why contract is completed or accepted after ofter accepted.

In Option

C) A party might be able to have a contract set aside because he or she paid too much for an item

One party said, she paid much money compare to 2nd party, here also both party not satisfy and not ready or 1st party want to cancel contract.

So simply if Both parties are ready for conract then as per contract of Law it is Offer and Acceptance Done.