which of the following would not be a basis for misrepresentation? course hero

What did Juan do when he was convinced by a salesman?

Why did Mark and Dale agree to buy a truck?

What does Levi tell Blake about a horse?

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What did Juan do when he was convinced by a salesman?

A salesman convinced Juan to purchase a product on the terms that all sales are final. Juan found that the product did not live up to his expectations. In addition, it is clear that the salesman made a misrepresentation about the product, he intended to deceive Juan, and Juan justifiably relied on the salesman's statements. Juan now wants to rescind the contract--return the product and get his money back. In order to do so, a court would probably:

Why did Mark and Dale agree to buy a truck?

Mark agrees to buy Dale's one-half-ton truck so that he can pull his trailer. Both Mark and Dale believe that the truck is large enough to do the job. After they complete the deal, Mark hitches the truck to the trailer and attempts to pull the trailer, but without success. The contract between Mark and Dale can be rescinded because of:

What does Levi tell Blake about a horse?

Levi tells Blake about a horse that Levi wants to sell, stating that he (Levi) believes that the horse is extremely healthy and will be able to foal within eighteen months. After two years, the horse still has not foaled. The veterinarian informs Blake that the horse is physically incapable of breeding. In Blake's lawsuit to rescind the contract, it is:

What is a form of non-fraudulent misrepresentation where a defendant makes a false statement?

2. Negligent misrepresentation. Negligent misrepresentation is a form of non-fraudulent misrepresentation, where a defendant makes a false statement without due care in ascertaining its truthfulness.

What is a misrepresentation?

What is Misrepresentation? A misrepresentation is a false statement made intentionally by one party to influence the other party to abide by the contract’s terms and conditions. A justified misrepresentation in the execution renders the contract void. Void Contract A void contract is a contract that isn’t legally enforceable, ...

How does misrepresentation happen?

How Misrepresentation Happens. Misrepresentation can only be justified by a statement of fact. Expressly making a misleading statement that a party knows is untruthful is a misrepresentation if it leads the other party to agree to a contract. Assume, for example, that a car salesperson in a private transaction misrepresents the car’s number ...

What is fraudulent misrepresentation?

Fraudulent misrepresentation is a reckless statement made by one party to induce another party to enter into a contract. For example, a party may provide a statement that they know is untrue to another party that a parcel of land in Texas is located in an area where oil drilling recently started. The party becomes liable for fraudulent misrepresentation if the land is purchased based on the false information.

Is a buyer under no obligation to inform the seller of the increased value of the property?

Similarly, a buyer is under no obligation to inform the seller about the increased value of the property. However, there are exemptions in certain situations. One of the exemptions is that the disclosure of fact would correct the mistake in the assumption that the other party is making the contract.

Is it a misrepresentation to give information to a buyer?

In such a case, each party acts based on self-interest, and they do not owe each other duty of care. Thus, it is not a misrepresentation when a buyer is in possession of helpful information about the seller’s property, which he knows the seller is unaware of and does not divulge such information to the seller.

Is non disclosure a misrepresentation?

Generally, non-disclosure and silence do not amount to misrepresentation when the parties engage in an arm’s length contract#N#Arm’s Length Transaction An arm’s length transaction, also known as the arm’s length principle (ALP), indicates a transaction between two independent parties in which both parties are acting in their own self-interest. Both buyer and seller are independent, possess equal bargaining power, and are not under pressure or duress#N#. In such a case, each party acts based on self-interest, and they do not owe each other duty of care. Thus, it is not a misrepresentation when a buyer is in possession of helpful information about the seller’s property, which he knows the seller is unaware of and does not divulge such information to the seller.

What did Juan do when he was convinced by a salesman?

A salesman convinced Juan to purchase a product on the terms that all sales are final. Juan found that the product did not live up to his expectations. In addition, it is clear that the salesman made a misrepresentation about the product, he intended to deceive Juan, and Juan justifiably relied on the salesman's statements. Juan now wants to rescind the contract--return the product and get his money back. In order to do so, a court would probably:

Why did Mark and Dale agree to buy a truck?

Mark agrees to buy Dale's one-half-ton truck so that he can pull his trailer. Both Mark and Dale believe that the truck is large enough to do the job. After they complete the deal, Mark hitches the truck to the trailer and attempts to pull the trailer, but without success. The contract between Mark and Dale can be rescinded because of:

What does Levi tell Blake about a horse?

Levi tells Blake about a horse that Levi wants to sell, stating that he (Levi) believes that the horse is extremely healthy and will be able to foal within eighteen months. After two years, the horse still has not foaled. The veterinarian informs Blake that the horse is physically incapable of breeding. In Blake's lawsuit to rescind the contract, it is: