Which of the Following Constitutes a Misrepresentation That Would Not

question 59

Multiple Choice

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 was persuaded to buy the car by a misrepresentation that it had the fewest repairs of any car of its class. After the buyer learned of the truth, he kept the car for three weeks to get some benefit from it before taking it back.
• D) The seller persuaded the buyer to buy the car by misrepresenting it as having just been serviced and passing emissions tests. Neither had been done, but the seller honestly believed both had been done.
• E) None of the above.

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Definitions:

Uninhibited

Characterized by a lack of restraint or the ability to act freely without concern for social norms.

Temperaments

Inborn personality traits that influence how one typically responds to the environment.

Spectrum

A range or continuum of different but related items, values, or conditions, often used to describe frequencies of light, autism disorders, or any comprehensive range.

Temperament

An individual's innate disposition or natural predisposition to behave and react in certain consistent ways.