Don, a salesperson for Excel Autos, promises Fern that a certain car will give her a "smooth ride." Don offers a test drive, which Fern de?clines. She buys the car but soon realizes that its suspension is in poor condi?tion. Fern
A) can rescind the contract on the ground of fraud.
B) can rescind the contract on the ground of misrepresentation.
C) can rescind the contract on the ground of mistake.
D) was not defrauded.

Question

Quizplus · Accepted Answer

Fern was not defrauded because she had the opportunity to test drive the car and verify the condition herself but chose not to. The statement about a "smooth ride" is likely considered sales puffery, not a factual misrepresentation.

Don, a Salesperson for Excel Autos, Promises Fern That a Certain