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Mary Was Selling Her House

Question 20

Multiple Choice

Mary was selling her house. The purchase asked if it had termites and Mary replied in horror, "absolutely not". However, it did have termites. But clever insects that they are, they kept well inside the wood so Mary never saw them and didn't have any idea that they were there. There was no mention of this statement in the contract for sale of the house. Mary's statement is considered in law to be


A) an innocent misrepresentation
B) a negligent misrepresentation
C) a false warranty
D) of no consequence because it was not included in the written contract
E) of no consequence because she believed that there were no termites and was honestly mistaken

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