Where the parties enter a contract under a mistake as to some quality of the subject matter, the inquiry should start with the construction of the contract1. Where the contractual intention was that the subject matter was guaranteed by the supplier to have some quality, and it did not, then prima facie the supplier is in breach of his contract2, and the recipient has his remedies accordingly (which may include being relieved of liability to perform)3. Where there is no such intention however, it is unlikely that a mistake as to quality will be construed as sufficient for either
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