Hunter8282
US Veteran
Thank you for the reminder that there are still good and decent people in this world. I needed that this morning!
To buy yourself a tube of Ben-Gay to rub on your shoulders after you lugged all those ammo cans full of coins back and forth, LOL!!
Perhaps you should of driven the coins to a bank, converted them to cash, and handed her an envelope. It would of been lighter.
What the OP did was the right and honorable thing to do.
Bravo
But was it required under the law?
In other words, could the widow go to Court and void the deal.
It's been a long time since first year law school, but if I remember correctly,
this is a case of mutual mistake and the party who suffered the loss can void the deal.
From the Restatement of Contracts:
152. When Mistake of Both Parties Make a Contract Voidable
Where a mistake of both parties at the time of contract was made
as to a basic assumption on which the contract was made
has a material effect on the agreed exchange of performances,
the contract is voidable by the adversely affected party
unless he bears the risk of the mistake under the rule stated in 154.
154. When a Party Bears the Risk of a Mistake
A party bears the risk of mistake when
the risk is allocated to him by agreement of the parties, or
he is aware, at the time the contract is made,
that he has only limited knowledge with respect to the facts to which the mistake relates
but treats his limited knowledge as sufficient, or
the risk is allocated to him by the court
on the ground that it is reasonable in the circumstances to do so.
Are you gonna bill us for that?![]()
What the OP did was the right and honorable thing to do.
Bravo
But was it required under the law?
In other words, could the widow go to Court and void the deal.
It's been a long time since first year law school, but if I remember correctly,
this is a case of mutual mistake and the party who suffered the loss can void the deal.
From the Restatement of Contracts:
152. When Mistake of Both Parties Make a Contract Voidable
Where a mistake of both parties at the time of contract was made
as to a basic assumption on which the contract was made
has a material effect on the agreed exchange of performances,
the contract is voidable by the adversely affected party
unless he bears the risk of the mistake under the rule stated in 154.
154. When a Party Bears the Risk of a Mistake
A party bears the risk of mistake when
the risk is allocated to him by agreement of the parties, or
he is aware, at the time the contract is made,
that he has only limited knowledge with respect to the facts to which the mistake relates
but treats his limited knowledge as sufficient, or
the risk is allocated to him by the court
on the ground that it is reasonable in the circumstances to do so.