Asked by

Jamie Olson
on Nov 10, 2024

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With regard to the law concerning misrepresentation, which of the following is true?

A) The case law allows a remedy for an opinion given by a non-expert.
B) A misrepresentation can be a true assertion of fact that induces (persuades) the party to contract.
C) If the buyer realizes the seller persuaded him to contract by a misrepresentation, he will not be able to get the remedy of rescission if he was tainted with wrongdoing himself, (i.e., not coming with "clean hands") .
D) Damages as a remedy are not available where the misrepresentation becomes part of the contract.
E) Rescission is available as a remedy for misrepresentation only if it is innocent misrepresentation.

Misrepresentation

The act of providing false or misleading information with the intent to deceive in a contractual agreement.

Rescission

A legal remedy that cancels or annuls a contract, returning the parties to their positions before the agreement.

Clean Hands

A doctrine in equity law that ensures parties seeking equitable relief must be free of wrongdoing in the matter before the court.

  • Appreciate the selection of recuperative strategies available to those wronged by misrepresentation and the exact conditions for the application of each strategy.
  • Characterize the distinctions between innocent, fraudulent, and negligent misrepresentation.
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SL
Sydney LassetterNov 17, 2024
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