A computer salesman innocently misrepresented a fact about a StarSystem computer to a customer. Although this fact was not about a term of the contract, it did induce the customer to buy the computer. The customer has now learned the true facts and wants to return the computer. If the store refuses to take it back, the customer would ask the court for which equitable remedy?
A) Damages
B) Rescission
C) Rectification
D) Restitution
E) Injunction

Question

Quizplus · Accepted Answer

Rescission is the correct equitable remedy in this scenario because it allows the contract to be cancelled and the parties to be returned to the positions they were in before the contract was made. This is appropriate when a contract has been entered into based on a misrepresentation, even if it was innocently made.

A Computer Salesman Innocently Misrepresented a Fact About a StarSystem