If found to be untrue, which of the following statements made by a car salesperson to a potential buyer would constitute a misrepresentation that could render the contract unenforceable?"This car is accident-free and has had only one previous owner.""In my opinion, this car is the best value for your money.""The colour of the car matches your eyes—it's perfect for you!""You won't get a better deal anywhere else."
Question
If found to be untrue, which of the following statements made by a car salesperson to a potential buyer would constitute a misrepresentation that could render the contract unenforceable?"This car is accident-free and has had only one previous owner.""In my opinion, this car is the best value for your money.""The colour of the car matches your eyes—it's perfect for you!""You won't get a better deal anywhere else."
Solution
The first step in answering this question is to understand what constitutes a misrepresentation in a contract. Misrepresentation is a false statement of fact made by one party to another, which, whilst not being a term of the contract, induces the other party to enter the contract. The misrepresentation must be a statement of past or present fact, not future intention or opinion.
Looking at the statements made by the car salesperson:
-
"This car is accident-free and has had only one previous owner." - This is a statement of fact. If it is found to be untrue, it would constitute a misrepresentation.
-
"In my opinion, this car is the best value for your money." - This is an opinion, not a statement of fact. Therefore, even if it is found to be untrue, it would not constitute a misrepresentation.
-
"The colour of the car matches your eyes—it's perfect for you!" - This is also an opinion, not a statement of fact. Therefore, it would not constitute a misrepresentation even if it is found to be untrue.
-
"You won't get a better deal anywhere else." - This is a statement of future intention, not a statement of fact. Therefore, it would not constitute a misrepresentation even if it is found to be untrue.
So, the statement "This car is accident-free and has had only one previous owner." if found to be untrue, would constitute a misrepresentation that could render the contract unenforceable.
Similar Questions
Which of the following statements is incorrect with respect to misrepresentation?Group of answer choicesIt can be fraudulent, innocent or negligentEvery statement made by parties during pre‐contractual negotiations always become terms of the contractA misrepresentation is an untrue statement of fact that induces a party to enter into a contractIt is important to distinguish representations from terms and puff (exaggeration)
The partial performance exception to the statute of frauds covers contracts involving: Blank______.Multiple choice question.the sale of goodsa property interestthe sale of automobiles onlymutual promises to marry
A supermarket advertises that any customer who spends £100 on wine will receive a free gallon of petrol. A customer who relied on this promise and who spent £100 on wine is refused the petrol. Which one of the following statements is true?Question 3Select one:a.the customer will not be entitled to the wine because when he claimed the wine the consideration was passedb.There will be no contract as the customer provided no condieration for the petrolc.he customer will be entitled to petrol as there was a good contractd.There will be no contract as there was no intention to creat legal relations
Justin went to court and contended that his automobile sales contract was unconscionable due to the high penalties for nonpayment. The court agreed with Justin that the penalties for nonpayment were unconscionable, but it found that all of the other material terms of the sale were proper. The court may choose to: Blank______.Multiple choice question.order the parties to negotiate a new automobile sales contractenforce the provisions of the contract that the court deems as being faironly enforce the entire contract because there was an agreement between the partiesenforce the contract in its entirety and warn the parties to beware of unconscionable clauses in the future
A court was asked to interpret a contract between two merchants regarding the sale of farming equipment. The court examined previous transactions of the parties and the way in which other merchants in the same business usually conduct business. Mr. Schnell, one of the merchants, objected to this, saying that the court could not use that information to interpret this contract. Is Mr. Schnell correct?Multiple choice question.Yes, since this contract does not fall under the statute of frauds.No, the court is entitled to use this information to interpret the contract.Yes, since the contract falls under the common law, not the Uniform Commercial Code (UCC).No, the court is allowed to use this information under federal statutory law.
Upgrade your grade with Knowee
Get personalized homework help. Review tough concepts in more detail, or go deeper into your topic by exploring other relevant questions.