Question

Allister goes to a garage sale and discovers what he believes to be a rare undiscovered Picasso painting. He buys it for $50 from Susan. Later, Susan learns the painting is worth $3 million and sues Allister for damages. What is the likely result?

1) Susan will recover nothing because the mutual mistake of fact was over a non-material issue.

2) Susan will recover nothing because the sale formed a valid enforceable contract.

3) Allister will have to pay Susan because of the rule of "mutual mistake,"

4) Allister will have to pay Susan damages because of "unjust enrichment."

Answer 1

2) Susan will recover nothing because the sale formed a valid enforceable contract.

Based on this context, Susan ideally cannot recover any damages because Susan and Allister has been involved in a purchase and sale of good and hence that is termed as an enforceable contract. As the contract is fulfilled, there is no scope for any damage and maintenance accordingly for the same