A computer salesman innocently misrepresented a fact about a Macintosh computer to a customer. Although this fact was not about a term of the contract, it did induce the customer to buy the computer. The customer has now learned the true facts and wants to return the computer. If the store refused to take it back, the customer would ask the court for which equitable remedy?
A) Rectification
B) Rescission
C) Injunction
D) Damages
E) Restitution

Question

Quizplus · Accepted Answer

Rescission is the equitable remedy that allows the customer to cancel the contract and return the computer due to the innocent misrepresentation by the salesman. This remedy allows the parties to be put back to their pre-contract position. Rectification is used when there is a mistake in the terms of the contract, injunction is used to prevent someone from doing something, damages is a remedy for breach of contract, and restitution is a remedy for unjust enrichment.

A Computer Salesman Innocently Misrepresented a Fact About a Macintosh