Is a contract made void on a refund?

bingo_bango

dmg24 wrote: »

For what reason do you wish to know the answer to this 'hypothetical' question?

As a refund has only been offered, the contract has still to be fulfilled. If a refund is agreed, then the contract is rescinded and there is no longer any obligation between the two parties.

I'm with dmg on this one.

If B had sold the item unaware that there was a part missing, then there may have been a unilateral mistake, and this would have rendered the contract void.

As B was aware at the time of sale that the item was missing, then there was no mistake. They have confirmed this by letting A know that the part was not available. If this was mentioned to A prior to consideration passing (payment for the item) then A has accepted new terms for the contract. i.e. B would produce said item within a specified period of time. They therefore can only seek rescission of the contract if the new terms are not met. This generally means a refund.

As to what rights A & B have...... this is why we have courts. Depends on what the exact circumstances are as to the answer to that question.