Reeni was interested in purchasing a car. After searching the classified ads, she found a car in which she was interested, being sold by Ethan whom she had never met. Ethan knew that his car was in need of new tires, a new muffler, and would soon need a new clutch and a brake job. Consequently, he was hoping that, when they met, Reeni wouldn't ask too many questions. When she wanted to go for a test drive, Ethan gave her the keys and said that he trusted her to go alone and that doing so would allow her to test it in a less inhibited fashion. Really, he just didn't want her to ask about any of the car's problems. Reeni took the car by herself and, on the basis of its performance, bought it at Ethan's listed price, no questions asked. Which of the following statements is most likely TRUE?
A) Silence can never amount to a misrepresentation.
B) Ethan is not required to disclose the car's problems during pre- contractual negotiations.
C) Reeni would succeed in an action against Ethan for misrepresentation.
D) Ethan owed Reeni a special duty to disclose the problems with his car.
E) By failing to accompany Reeni in the test drive, Ethan breached a duty of utmost good faith.
Correct Answer:
Verified
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