A salesman innocently misrepresented a fact about a new printer to a customer.He honestly believed that his statement was true and was not careless.Although this fact was not about a term of the contract, it did induce the customer to buy that printer.The next day, the customer learned the true facts and wanted to return the printer.If the store refused to take it back and the customer sued, which of the following would be the most likely result?
A)The buyer's case would be dismissed
B)An injunction
C)An order of rescission
D)An award of damages
E)An order of specific performance

Question

Quizplus · Accepted Answer

The customer would likely be entitled to an order of rescission, which would allow them to return the printer and receive a refund. This is because the salesman's misrepresentation induced the customer to buy the printer, and the customer had a right to rely on the salesman's representations. The fact that the misrepresentation was innocent and not about a term of the contract does not necessarily excuse the salesman's conduct.

A Salesman Innocently Misrepresented a Fact About a New Printer