Where a heavy-duty equipment supplier sells a truck claiming it can haul 10 tonnes of gravel but its actual capacity is only 5 tonnes,this is misrepresentation even where the seller believes what he said was true.

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This is because misrepresentation in a transaction can occur even if the seller genuinely believes what they are saying is true. The key factor is whether the information provided is false and induces the buyer to make a decision they would not have made otherwise. In this case, the heavy-duty equipment supplier is misrepresenting the capacity of the truck which could lead the buyer to overestimate what the truck is capable of and make a purchase they would not have made otherwise.

Where a Heavy-Duty Equipment Supplier Sells a Truck Claiming It