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 innocent misrepresentation of a fact that induces a customer to buy a product can be grounds for rescission of the contract. In this case, the customer learned the true facts and wanted to return the printer, which would require a rescission of the contract. While damages may be awarded in some cases of misrepresentation, they are typically not the first remedy sought by the aggrieved party. An injunction and specific performance are not relevant to this scenario. The buyer's case would not be dismissed if they have grounds for rescission. Therefore, the most likely result would be an order of rescission.

A Salesman Innocently Misrepresented a Fact About a New Printer