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When Both Parties Are Mistaken as to the Subject Matter

Question 31

Multiple Choice

When both parties are mistaken as to the subject matter of a contract,which of the following is true?


A) Either party can rescind the contract.
B) Only the party injured by the mistake can rescind the contract.
C) Only the party who first discovers the mistake can rescind the contract.
D) Neither party can rescind the contract.
E) Either party can rescind the contract or recover damages from the other party.

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