Damages as a remedy will not be available in which of the following situations?
A) Jones, although being careful, makes an innocent misrepresentation persuading Smith to enter a contract with him.
B) Jones makes a fraudulent misrepresentation, persuading Smith to enter a contract with him.
C) Jones makes a negligent misstatement, persuading Smith to enter a contract with him.
D) A false statement made by Jones becomes a term of the contract.
E) Jones makes an intentional misrepresentation of fact in order to get Smith to sign the agreement.

Question

Quizplus · Accepted Answer

Damages are typically not awarded for innocent misrepresentations because they are made without fault. Instead, the remedy is usually rescission of the contract.

Damages as a Remedy Will Not Be Available in Which