A salesman innocently misrepresented a fact to a customer about a new printer. He honestly believed 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) An injunction
B) An order of rescission
C) The buyer's case would be dismissed.
D) An order of specific performance
E) An award of damages

Question

Quizplus · Accepted Answer

The customer would likely be granted an order of rescission, allowing them to return the printer and have the contract cancelled. The innocent misrepresentation induced the customer to enter into the contract, and therefore they should have the right to rescind the contract and return the printer. An injunction, specific performance, or damages would not be appropriate remedies in these circumstances. The case would not be dismissed as the innocent misrepresentation would likely be sufficient to support a claim for rescission.

A Salesman Innocently Misrepresented a Fact to a Customer About