Next Generation Bar Exam Quiz
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CONTRACTS
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A seller agreed to sell, and a buyer agreed to buy, 'all the gravel located in the seller's gravel pit' for $200,000. Neither party had surveyed the pit, and both understood that the quantity of gravel was uncertain. Both nonetheless believed the pit contained at least 50,000 tons. After the contract was signed, a survey showed only 20,000 tons. The buyer wants to avoid the contract.
Should the court allow the buyer to avoid the contract?
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