Which of the following constitutes a misrepresentation that would not allow the courts to award the equitable remedy of rescission?
A)A man who contracted for an insurance policy did not state on the application form that he had been treated for cancer.He died from the cancer two months later.
B)The seller concealed the broken drawer of the desk from the buyer.He would not be able to see it until he got it home.
C)The seller persuaded the buyer to buy the car by misrepresenting it as having just been serviced and passing the air-care test.Neither had been done,but the seller honestly believed that both had been done.
D)The buyer was persuaded by the seller to buy the car by a misrepresentation that it had the fewest repairs of any car of its class.After the buyer learned the truth,he kept the car for three weeks to get some benefit from it before taking it back.
E)none of the above

Question

Quizplus · Accepted Answer

This situation involves a misrepresentation made by the seller that influenced the buyer's decision to purchase the car. Additionally, the buyer did not wait an unreasonable amount of time before attempting to rescind the contract. Therefore, rescission is a possible equitable remedy.

A, B, and C all involve misrepresentations that could justify rescission as an equitable remedy. A man failing to disclose his cancer status on an insurance application, a seller concealing a defect in a good, and a seller misrepresenting the quality or condition of a good would all be potential grounds for seeking rescission.

Which of the Following Constitutes a Misrepresentation That Would Not