Ruby sells her car to Bob.She fails to tell him that the car has been previously wrecked, even though he had asked if it had ever been involved in a collision.If Bob later learns that the car was almost totaled six months prior to the sale and wants to rescind the contract, what would be his best defense to the enforceability of the contract?

Question

Quizplus · Accepted Answer

Bob's best defense to the enforceability of the contract would be fraud, as Ruby failed to disclose material information about the car when asked directly by Bob. This failure to disclose constitutes a misrepresentation of fact, which is a key element of the legal concept of fraud. If Bob can show that he relied on this misrepresentation of fact in entering into the contract, he may be able to rescind the contract based on Ruby's fraudulent behavior.

Ruby Sells Her Car to Bob