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A, being entitled to an estate for the life of B, agrees to sell it to C. B was dead at the time of the…

Illustration (c) to section 20 states: "The agreement is void." A's interest lasted only for B's life, so when B had already died there was nothing to sell; section 20 makes…

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A, being entitled to an estate for the life of B, agrees to sell it to C. B was dead at the time of the agreement, but A and C were ignorant of the fact. What is the status of the agreement?

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Correct answer B

Illustration (c) to section 20 states: "The agreement is void." A's interest lasted only for B's life, so when B had already died there was nothing to sell; section 20 makes an agreement void "where both the parties to an agreement are under a mistake as to a matter of fact essential to the agreement". C was not misled by any representation of A, who was equally unaware, so the agreement is not merely voidable.

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