Site navigation

A offers to sell B a painting, which A knows, is a "copy" of a well-known masterpiece. B thinking that…

Section 22 provides that "a contract is not voidable merely because it was caused by one of the parties to it being under a mistake as to a matter of fact". Only B was…

Choose your answer

A offers to sell B a painting, which A knows, is a "copy" of a well-known masterpiece. B thinking that the painting is an "original" one and that A must be unaware of this, accepts A's offer.

Select one answer
Answer and explanation

Correct answer B

Section 22 provides that "a contract is not voidable merely because it was caused by one of the parties to it being under a mistake as to a matter of fact". Only B was mistaken, and under the Explanation to section 17 mere silence as to facts likely to affect a person's willingness to contract is not fraud unless there is a duty to speak, so B cannot avoid the contract.

Practice for these exams

Related exam syllabi

Related questions in this topic