what does Able know when he sells the book?

Peter.

________________________________
From: Academy of Legal Studies in Business (ALSB) Talk [[log in to unmask]] On Behalf Of Marsha E. Hass [[log in to unmask]]
Sent: 05 April 2012 19:47
To: [log in to unmask]
Subject: Re: Difference between innocent misrepresentation and mutual mistake?

Whoops sorry .  misread the scenario.  No expert here, but most of us would see grease marks, underlining and cookie crumbs.  So, still negligent.

From: Academy of Legal Studies in Business (ALSB) Talk [mailto:[log in to unmask]] On Behalf Of Daniel Warner
Sent: Thursday, April 05, 2012 2:32 PM
To: [log in to unmask]
Subject: Difference between innocent misrepresentation and mutual mistake?

Hi Colleagues,

What would you say is the difference between an innocent misrepresentation and mutual mistake?

Able sells an antique automobile owner’s manual to Baker representing that it is “new” (in the old-car literature world), i.e., unused.  B finds grease marks, underlining, and cookie crumbs on two inside pages, diminishing the manual’s value.

It seems to me B would claim innocent misrepresentation as against A.  But why wouldn’t mutual mistake, which gives the same result (rescission) be as good an answer?

Hmm.

Thanks,

Dan

Daniel M. Warner
Professor, Department of Accounting
(Business Legal Studies)
MS 9071
Western Washington University
516 High St.
Bellingham, WA 98225
(360) 650-3390