3. Bert purchased Ernie’s car. Before selling the car, Ernie had stated to Bert, “This car runs well and is reliable. Last week I drove the car all the way from Seattle to San Francisco to visit my mother and back again to Seattle.” In fact, Ernie was not telling the truth: he had driven the car to San Francisco to visit his paramour, not his mother. Upon discovery of the truth, may Bert avoid the contract? Why?

Question

31-07-2022
Law

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3. Bert purchased Ernie’s car. Before selling the car, Ernie had stated to Bert, “This car runs well and is reliable. Last week I drove the car all the way from Seattle to San Francisco to visit my mother and back again to Seattle.” In fact, Ernie was not telling the truth: he had driven the car to San Francisco to visit his paramour, not his mother. Upon discovery of the truth, may Bert avoid the contract? Why?

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anthougo anthougo · Answer 1 · 2022-08-01T17:54:51+02:00

Bert cannot avoid the contract, though the sale and purchase transaction was based on Ernie's misrepresentation, he can, however, sue Ernie for misrepresentation.

What is contract misrepresentation?

Misrepresentation is a false or misleading statement in a contract that induces the contract.

When the aggrieved party discovers the misrepresentation, they can sue the other party for remedies.

What are the types of misrepresentation?

Misrepresentation falls into the following categories:

Fraudulent misrepresentation
Negligent misrepresentation
Innocent misrepresentation.

What are the remedies for misrepresentation?

For fraudulent and negligent misrepresentations, the aggrieved party can seek rescission or damages as remedies.

Thus, while Bert cannot avoid the contract with Ernie, he can sue Ernie for fraudulent misrepresentation.

Learn more about fraudulent misrepresentations at https://brainly.com/question/14815861

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