Dark Roast Products,Inc.,makes espresso machines and sells one to the Eat at Joe's Café. Flo,the café's employee working at the coffee bar,is injured when the machine malfunctions. If the injury occurred as a result of a misrepresentation about the product,Dark Roast is most likely liable for
A)negligence.
B)fraud.
C)privity.
D)puffery.

Question

Quizplus · Accepted Answer

If the injury occurred as a result of a misrepresentation about the product, Dark Roast may be liable for fraud. Fraud involves an intentional misrepresentation or omission of a material fact that is relied upon by the injured party and results in harm. If Dark Roast misrepresented the safety or performance of its espresso machine to Eat at Joe's Cafe, and that misrepresentation caused Flo's injury, Dark Roast could be liable for fraud.