Terri asked to see the #378 Silver Streak tomato seeds listed in the catalog. The clerk pointed to a large bag in the corner and Terri commenced to weigh out the two pounds she wanted. Several weeks later, she discovered the plants were the wrong variety. Does she have a legal claim in misrepresentation?
A) Yes, since actions can be a source of misrepresentation.
B) No, because actions cannot be a source of misrepresentation..
C) Yes, since this is clearly a case of shopkeeper negligence.
D) No, because the misrepresentation was not given in written or in oral words.
E) No, because too long of a time has transpired.

Question

Quizplus · Accepted Answer

Terri may have a legal claim in misrepresentation because actions can be a source of misrepresentation. In this case, the clerk pointed to a bag labeled as the #378 Silver Streak tomato seeds, which may have led Terri to believe they were the correct variety. However, it is important to note that the specific circumstances and evidence would need to be examined in order to determine if misrepresentation occurred.

Terri Asked to See the #378 Silver Streak Tomato Seeds