Cliff sells a calculator to Lydia. He states he has only used it for his geometry class which was a lie because he never took geometry. He used it in his basic math class. Since Cliff lied to Lydia, most likely would Lydia be successful in asserting the defense of misrepresentation to get out of the contract?
A) Yes if Cliff lied about any fact during the negotiation process.
B) No, unless the court determines his lie about the class in which he used the calculator was a lie about a material fact.
C) Yes if he intentionally lied.
D) No as most likely the court will rule his lie was unintentional.

Question

Quizplus · Accepted Answer

The success of Lydia's defense of misrepresentation hinges on whether the lie was about a material fact. The specific class in which the calculator was used is unlikely to be considered material to the contract's nature, thus making it less likely for Lydia to succeed based on this lie alone.

Cliff Sells a Calculator to Lydia