With regard to the law concerning misrepresentation, which of the following is true?
A) The case law allows a remedy for an opinion given by a non-expert.
B) A misrepresentation can be a true assertion of fact that induces (persuades) the party to contract.
C) If the buyer realizes the seller persuaded him to contract by a misrepresentation, he will not be able to get the remedy of rescission if he was tainted with wrongdoing himself, (i.e., not coming with "clean hands").
D) Damages as a remedy are not available where the misrepresentation becomes part of the contract.
E) Rescission is available as a remedy for misrepresentation only if it is innocent misrepresentation.

Question

Quizplus · Accepted Answer

Misrepresentation in contract law refers to a false statement of fact made by one party to another, which induces that other party to enter into a contract. The "clean hands" doctrine implies that a party seeking equitable relief (such as rescission) must not be guilty of misconduct in the matter for which they are seeking relief. Therefore, if a buyer, tainted with wrongdoing, was persuaded to contract by a misrepresentation, the principle of "clean hands" could indeed prevent them from obtaining the remedy of rescission.

With Regard to the Law Concerning Misrepresentation, Which of the Following