Mary has a little scam most everywhere she goes; she sells by saying anything.Her buyers just have woes.Which of the following is true with regard to misrepresentation?
A) There are several remedies available in case law for an exaggerated claim made by Mary.
B) If Mary induces the buyer to buy by making a misrepresentation that she honestly thought was true, the buyer has no remedy in law or in equity.
C) A misrepresentation can be made about a term of a contract and result in an award of rescission and/or damages.
D) In some types of misrepresentation there are no remedies available.
E) For fraudulent misrepresentation, the buyer can be granted the equitable remedy of only rescission.

Question

Quizplus · Accepted Answer

Misrepresentation can lead to rescission and damages in case of misrepresentation about the term of the contract. Option A is incorrect because while there are remedies available, it does not specify which ones. Option B is not entirely true since even if Mary honestly believed the misrepresentation, the buyer may still have a remedy in certain cases. Option D is incorrect because remedies are available for misrepresentation, although they may vary depending on the type of misrepresentation. Option E is also incorrect because while rescission may be granted for fraudulent misrepresentation, damages may also be awarded.

Mary Has a Little Scam Most Everywhere She Goes; She