As demonstrated in the case in the text,Stephen A.Wheat Trust v.Sparks,concealment can provide a basis for a claim of fraud.Which of the following statements about concealment is false?
A)Concealment is not used to support a claim of fraud in cases involving the sale of real property.
B)Concealment is equivalent to an assertion.
C)Concealment is taking active steps to prevent another from learning the truth.
D)Concealment can be the basis for a claim of misrepresentation.

Question

Quizplus · Accepted Answer

The concealment of a fact through some active conduct intended to prevent the other party from discovering the fact is considered to be the equivalent of an assertion.Like a false statement of fact,concealment can be the basis for a claim of misrepresentation or fraud.For example,if Summers is offering her house for sale and paints the ceilings to conceal the fact that the roof leaks,her active concealment may be considered an assertion of fact.

As Demonstrated in the Case in the Text,Stephen A