ContractsIntermediateCalifornia Exam

Mutual mistake of a material fact in a contract may allow the parties to:

ASue for punitive damages
BRescind the contractCorrect
CCompel specific performance
DCollect liquidated damages

Why Rescind the contract Is Correct

Answer B: Rescind the contract

When both parties enter a contract based on a shared, material misunderstanding of fact, either party may rescind (cancel) the contract, restoring both parties to their original positions.

Exam Tip: Contracts

Contract questions frequently test the essential elements required for a valid contract. Remember: competent parties, mutual consent, lawful object, and sufficient consideration. Watch for void vs. voidable distinctions.

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