Discuss whether either of the following contracts will be unenforceable on the g

Question

Discuss whether either of the following contracts will be unenforceable on the groundthat voluntary consent is lacking:(a) Simmons finds a stone in his pasture that he believes to be quartz. Jenson,who also believes that the stone is quartz, contracts to purchase it for $10. Justbefore delivery, the stone is discovered to be a diamond worth $1,000.This contract is enforceable because at the time of the sale it was unknownwhat the stone truly was and what its true value was, nonetheless voluntaryconsent was given. This would be an innocent misrepresentation becauseSimmons was not aware that the stone was a diamond and Jenson was also notaware. This makes it a bilateral mistake.(b) Jacoby’s barn is burned to the ground. He accuses Goldman’s son of arson andthreatens to have the prosecutor bring a criminal action unless Goldmanagrees to pay him $5,000. Goldman agrees to pay.

Explanation / Answer

A.
Yes, this contract is enforceable as both the parties were not knowing the true worth of stone at the time of sale. But, the voluntary consent of the contract was already given. It is a case unawareness shown by both the parties that stone is diamond.

B.
No, this contract is not enforceable because Arson has been forced to enter into the contract by Jacoby. It makes the case of contract under duress. Thus, it cannot be enforceable in the court of law. This contract will be considered as void.

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