BACHELOR OF BUSINESS ADMINISTRATION

BUSINESS ADMINISTRATION

BUSINESS LAW

Question [CLICK ON ANY CHOICE TO KNOW THE RIGHT ANSWER]
An untrue statement is not material if
A
the statement would cause a reasonable person to contract
B
the defendant knew this plaintiff would rely on the statement
C
the defendant knew the statement was false
D
the statement was an honest opinion
Explanation: 

Detailed explanation-1: -A misrepresentation is a misrepresentation of a statement of fact, not of general opinion, it is not a contract term, it must be material, in that it influenced a person to enter in to the contract and it is false. A fact is something current and cannot be something future.

Detailed explanation-2: -The dealer was therefore able claim rescission of the contract and damages for fraudulent misrepresentation. A misrepresentation may be a statement of fact or law. A mere statement of opinion or intention will not be treated as a misrepresentation. A misrepresentation can be express or implied by words or conduct.

Detailed explanation-3: -In order for a representation to become a misrepresentation, it must be first proven that it was an unambiguous, false statement of fact. In order to prove this misrepresentation is actionable, it must be shown that this representation induced the claimant to enter the contract.

Detailed explanation-4: -There are three types of misrepresentations-innocent misrepresentation, negligent misrepresentation, and fraudulent misrepresentation-all of which have varying remedies.

There is 1 question to complete.