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Mr. Jones is a snow crab fisherman in New Brunswick and agreed to sell his boat and license to Mr. Doucette - a fisherman resident in PEI.
Mr. Doucette transferred the money to Mr.Jones but when Mr.Jones asked the Department of Fisheries government to transfer the fishing license to Mr. Doucette - he was told that new government regulations would not allow for a New Brunswick issued fishing license to be transferred to a non-resident like Mr. Doucette.
Assume that Mr. Jones made no representations about whether or not a non-resident could own the fishing license and Mr. Doucette made no inquiry on the subject.
Assume also that the terms of the contract show that both Mr. Jones and Mr. Doucette clearly assumed that the license could be transferred to Mr. Doucette.
What does this situation represent?
A) unilateral mistake
B) shared or common mistake
C) mutual mistake
D) duress
E) undue influence
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