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A agrees to buy from B a certain horse. It turns out that the horse was dead at the time of bargain…

The horse was already dead at the time of the bargain and neither party knew it, so under s.20 (illustration (b)) the parties were under a mutual mistake as to a fact…

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A agrees to buy from B a certain horse. It turns out that the horse was dead at the time of bargain though neither party was aware of the fact.

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Correct answer A

The horse was already dead at the time of the bargain and neither party knew it, so under s.20 (illustration (b)) the parties were under a mutual mistake as to a fact essential to the agreement and "This agreement is void."

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