Question

A contracts to sell a piece of silk to B. B thinks it is Japanese silk. A knows that B thinks so but A knows that it is English silk. A does not correct B’s impression. Subsequently B discovers that it is not japenese silk, however, B never asked clearly that he needs Japanese silk. Can he reject the contract?

Answer 1

B cannot reject the contract.

Reasons :

1.) B did not specify the type of silk that he wanted whether it was English or Japanese silk that he wanted.

2.) The fact that A knows that B thinks it is English and doesn't tell B cannot breach the contract because A did not correct his impression and hence there is no evidence.

3.) B cannot leave the contract since it does not contain any description of the type of silk that he wanted.

Contracts are based on physical evidences such as statements and signatures not thoughts.