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21. If the neighbor sues the woman for breach of contract, will he be likely to prevail?
Several days later, the woman's son found out about the deal and contacted the neighbor, telling him that the woman would sell him the car, but for $3,450. The next day, when the neighbor tendered $450 and demanded that the woman give him the car, she refused.
In fact, the woman's car was worth $3,000, and the neighbor knew this. He was also aware that the woman had undergone surgery and noted that she seemed «out of it» because of the medication she was taking.
An elderly woman underwent major surgery and spent two weeks in the hospital. The woman continued to take powerful pain medication for several weeks after she returned home. During her recovery, she offered to sell her car for $450 to her neighbor, who owned a house-cleaning service. The neighbor said, «That's great! I need a car to transport all the people who work for me to their job sites.»
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Additionally, unilateral mistakes can make a contract voidable if the nonmistaken party knew or had reason to know of a material mistake made by the other party. Here, the neighbor knew or had reason to know of the woman's mistake in valuing the car, by noticing how much the car was actually worth and her seemingly incapacitated condition. This would also make the contract voidable.
B is incorrect. This answer seems to point to a Statute of Frauds defense. A writing is required for a sale of goods for $500 or more. However, the price in this contract is $450.
C is incorrect. There is nothing in the facts that suggest the neighbor materially changed his position in reliance on the contract.
D is incorrect. The contract was voidable due to the woman's incapacity.