Mutual Assent In Contract Formation
To retaliate against her roommate over a personal dispute, Jacinda posts an advertisement to rent out a room. She schedules apartment viewings specifically when her roommate is present. After several individuals view the apartment, one prospective tenant offers to move in. Jacinda winks at the prospective tenant and says, 'Sure, we have a deal. Sign here.' Both Jacinda and the prospective tenant sign a written agreement. The following day, the prospective tenant arrives with her belongings. Having reconciled with her roommate, Jacinda informs the prospective tenant that she was only pretending to rent the room to anger her roommate. Did mutual assent exist?
A
No, because Jacinda needed to ask her current roommate to leave.
B
No, because consideration was not exchanged.
C
Yes, because Jacinda has the right to rent to whomever she chooses.
D
Yes, mutual assent exists because Jacinda agreed to rent the room and both parties signed an agreement.
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