Business Law and the Regulation of Business 11th Edition by Richard Mann, Barry Roberts

Exercise 7

Ann bought a car from the Used Car Agency (Used) under a written contract. She purchased the car in reliance on Used's agent's oral representations that it had never been in a wreck and could be driven at least two thousand miles without adding oil. Thereafter, Ann discovered that the car had, in fact, been previously wrecked and rebuilt, that it used excessive quantities of oil, and that Used's agent was aware of these facts when the car was sold. Ann brought an action to rescind the contract and recover the purchase price. Used objected to the introduction of oral testimony concerning representations of its agent, contending that the written contract alone governed the rights of the parties. Should Ann succeed?