Cindy Bought a Car from Ben,who Had Bought It from John.When

question 54

Multiple Choice

Cindy bought a car from Ben,who had bought it from John.When Ben bought the car,John lied to Ben and told him that the car had a new engine.As a result,believing that the engine was new,Ben told this to Cindy.Before she bought the car,Cindy had her mechanic inspect it and when Cindy asked him about the engine,he got her car confused with another customer's car and told her that it did indeed have a new engine.Cindy,who has owned the car for two months,has just discovered that the engine is not new and will need to be replaced soon.What remedy or remedies would Cindy most likely be entitled to and why?

• A)rescission only from Ben for breach of contract
• B)damages from the mechanic for negligent misrepresentation
• C)rescission and damages from Ben for fraudulent misrepresentation
• D)rescission from the mechanic for negligent misrepresentation
• E)damages only from Ben for fraudulent misrepresentation

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Definitions:

Theory of Mind

The capacity to recognize and understand one's own and others' mental states, such as beliefs, intentions, desires, and emotions, realizing that others may have perspectives and thoughts distinct from our own.

Capacity for Abstract Reasoning

The capacity to contemplate concepts, principles, and entities that are not tangible or visible.

Negligent

Failing to take proper care in doing something, often resulting in damage or injury to others.

Authoritarian

Characterized by or favoring strict obedience to authority, especially that of the government, often at the expense of personal freedom.