Tyra is looking to buy her first motorcycle.She sees one listed online and contacts Graham,the owner.Graham knows that the transmission is faulty and the bike often doesn't shift properly.Because this doesn't happen all the time,he doesn't make note of it in the listing.Furthermore,he schedules Tyra to come for a test drive when he isn't present,getting his brother to meet her,so that she can't ask him any questions.Tyra buys the bike for full price and doesn't ask any questions.Which of the following statements is most likely true?
A) Silence can never be misrepresentation.
B) Graham's silence is misrepresentation because the contract required utmost good faith.
C) Graham's actions constituted misrepresentation because he wasn't present for the test drive,actively concealing the damage.
D) Graham's silence constituted a half-truth.
E) Graham is not required to disclose the problem in pre-contractual relations.
Correct Answer:
Verified
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