What must Ky show in order to meet the third requirement necessary to prove mutual mistake?

A) That enforcement of the contract would have an adverse effect on the party who did not agree to bear the risk of mistake.
B) That enforcement of the contract would not have an adverse effect on either party.
C) That enforcement of the contract would have an adverse effect on both parties.
D) That failure to enforce the contract would have an adverse effect on both parties.
E) That failure to enforce the contract would have an adverse effect on only one party.

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Angela Ceklic · Accepted Answer

Final Answer : A, Explanation :  To meet the third requirement necessary to prove mutual mistake, Ky must show that enforcement of the contract would have an adverse effect on the party who did not agree to bear the risk of mistake. This is because mutual mistake doctrine allows for a contract to be rescinded if both parties were mistaken about a basic assumption on which the contract was made, and this mistake has a material effect on the agreed performance that is adverse to one party who did not agree to bear the risk of that mistake.

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