Brian makes a material misrepresentation of fact regarding his horse to Rosalind while out riding one day.Later that day, Rosalind makes an offer to buy the horse which Brian accepts, without correcting his earlier misrepresentation of fact.
A)Brian may avoid the contract.
B)Rosalind may avoid the contract.
C)Either or both Brian or Rosalind may avoid the contract.
D)Neither Brian nor Rosalind may avoid the contract.

Question

Quizplus · Accepted Answer

Rosalind may avoid the contract because Brian made a material misrepresentation of fact. Rosalind was induced to enter into the contract because of Brian's misrepresentation, and she would not have made the offer to buy the horse if she had known the truth. Brian's failure to correct his earlier misrepresentation of fact amounts to a continued misrepresentation, making the contract voidable by Rosalind.

Brian Makes a Material Misrepresentation of Fact Regarding His Horse