Shah, in response to an inquiry by Onyango regarding the possible sale of his (Shah’s) car, wrote to Onyango stating, “I have decided to sell to you my car for $5,000. If I hear nothing from you before next Sunday, I will take it that you have accepted. “Onyango considered the price to be too high and decided to look for another car but forgot to reply to Shah’s letter. Shah is now threatening to sue Onyango for breach of contract. Advise Onyango.

(a)In what circumstance will a contract be vitiated by common mistake?

(b)Shah, in response to an inquiry by Onyango regarding the possible sale of his (Shah’s) car, wrote to Onyango stating, “I have decided to sell to you my car for $5,000. If I hear nothing from you before next Sunday, I will take it that you have accepted. “Onyango considered the price to be too high and decided to look for another car but forgot to reply to Shah’s letter. Shah is now threatening to sue Onyango for breach of contract. Advise Onyango.

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