Annie places an ad in the local paper to sell her camera, which she had previously bought but never used. The ad states “Camera XLT model for $450. Price includes all accessories made for XLT model. Second owner, good condition.” George, in the market for such an item, pays Annie for the camera. George later found that the zoom lens, an accessory, was not included with the camera. Annie, who was the second owner of the camera, was told by the first owner that all the accessories were included when she purchased the camera. What arguments support George’s claim that “all accessories” included a zoom lens? What defenses can Annie make to his claims?
What will be an ideal response?
George can argue that the statement included the lens and provide proof that it is an accessory made for the model. He would argue that the language was chosen by Annie and should be any ambiguity should be resolved against her. Annie may raise a defense of mistake, due to an incorrect assumption by one (unilateral mistake) or both parties (mutual mistake) of a material past or present fact. The parties have not reached a mutual agreement. In this kind of unenforceable contract, both parties are contracting for an item that is different from the actual item in the contract.
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