Marquez agrees to buy Dale's pickup truck so he can pull his trailer. Both Marquez and Dale believe that the truck is big enough to do the job. After they complete the deal, Marquez finds that the truck is not strong enough to handle the trailer. The contract between Marquez and Dale can be rescinded because of:
A) a unilateral mistake
B) a defective acceptance.
C) a mutual mistake.
D) negligent misrepresentation.
A mutual mistake occurs when the parties to a contract are both mistaken about the same material. Marquez and Dale, both thought that the truck would be big enough to do the job.
