Palpable Unilateral Mistake In Property Sales
Sam offers to purchase a parcel of property from Sarah. The property appears to include an abandoned lot, which Sarah knows she does not own. Sam pays Sarah, but upon attempting to record the title to the lot, he discovers that it belongs to a third party. This scenario is an example of which of the following?
AA mutual mistake of fact, as Sarah believed she could sell the lot and Sam believed he could purchase it.
BA unilateral mistake of fact on Sarah's part, as she mistakenly believed she could sell the abandoned lot.
CA palpable unilateral mistake, as Sarah knew she did not own the lot.
DA unilateral mistake of fact on Sam's part, as he should have known that Sarah did not own the lot.
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