Which of the Following Constitutes a Misrepresentation That Would Not

question 177

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 the air care test. Neither had been done, but the seller honestly believed both had been done.
• E) None of the above.

---

Definitions:

Solidification

The process of a liquid becoming solid, especially upon cooling, as in the formation of igneous rock from cooled magma or lava.

Erosion

The wearing away of soil, sediment, and rock through the removal of material by running water, waves, currents, ice, wind, and gravity.

Weathering

Physical disintegration and chemical decomposition of rocks, sediment, and soil due to exposure to water and other chemical, atmospheric, and biological agents.

Sediment

Particles of rock, minerals, or organic materials that have been transported and deposited by water, wind, ice, or gravity.