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.Brain accepts without correcting his earlier misrepresentation of fact.In this case:
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 regarding the horse and did not correct it when Rosalind made the offer to buy the horse. This constitutes fraud, which gives Rosalind the right to avoid the contract.

Brian Makes a Material Misrepresentation of Fact Regarding His Horse