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Carlos Eduardo Castillo
on Nov 21, 2024

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Assuming that Monique made an innocent misrepresentation regarding the spring running through the corner of the farm with no reason to believe that this item was incorrect, which of the following is true, considering only the lack of a spring issue, if Jen does not want to go through with the sale?

A) Jen may rescind the contract and recover compensatory damages.
B) Jen may rescind the contract, but she may not recover damages.
C) Jen may sue for damages, but she may not rescind the contract.
D) Jen may rescind the contract, or she may keep the contract and sue for damages.
E) Jen has no remedy based on an innocent misrepresentation based on the theory that she should have checked more closely before entering into the contract.

Innocent Misrepresentation

A false statement made by someone who believes it to be true, which induces another to enter into a contract.

Compensatory Damages

Monetary awards in a lawsuit intended to compensate the plaintiff for actual losses or damages suffered.

  • Contrast innocent and fraudulent misrepresentations, including their specific remedies.
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SJ
Samuel JonesNov 23, 2024
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