Adam wants to buy a six-passenger car. The salesman tells him that the two-seat sports car Adam sees on the car lot would be just perfect for six people. Adam test drives the car and then buys it.
A) Adam has a valid cause of action for fraud.
B) Adam is not entitled to relief based on fraud because he was not justified in relying upon the salesman's representation that the car would seat six people.
C) The element of scienter is missing in this fact situation.
D) The salesman is in a confidential relationship with Adam.

Question

Quizplus · Accepted Answer

Adam is not entitled to relief based on fraud because the claim that a two-seat sports car could seat six people is not a statement that a reasonable person would rely on as being true. It's an obvious exaggeration or puffery, and Adam had the opportunity to observe the car's capacity himself during the test drive.

Adam Wants to Buy a Six-Passenger Car