With regard to the law concerning misrepresentation, which of the following is true?
A) Rescission is available as a remedy for misrepresentation only if it is innocent misrepresentation.
B) A misrepresentation can be a true assertion of fact that induces (persuades) the party to contract.
C) Damages as a remedy are not available where the misrepresentation becomes part of the contract.
D) 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."
E) The case law allows a remedy for an opinion given by a non-expert.

Question

Quizplus · Accepted Answer

Rescission is an equitable remedy, and the principle of "clean hands" applies, meaning a party seeking rescission must not be guilty of wrongdoing themselves.

With Regard to the Law Concerning Misrepresentation, Which of the Following