Belle offers to supply a drink called ACV to Gibson's healthcare store. Belle claims and presents documentation to show that ACV has proven to reduce the risk of cancer. Based solely on the claims and documentation Belle provides, Gibson enters the contract. After Gibson receives the order, he discovers that the information Belle provided is false. Which of the following statements is true:

Question

BlackTom AI · Accepted Answer

We begin by restating the scenario in our own words to ensure clarity: Belle offers ACV with documentation claiming it reduces cancer risk, Gibson relies on these statements and enters a contract, only to find later that the information was false. The question asks which statement about the situation is true.

Option 1: 'Gibson may not void the contract as it is clear from the facts the representation was not material.' A misrepresentation is considered material if it would influence a reasonable person's decision to enter the contract. The claim about reducing cancer risk is presented as a key selling point and is central to the bargain. Since the information Belle provided is false and relates to the core purpose of the deal, it is highly likely to be material. Therefore, this option is flawed because it wrongly asserts the representation wasn’t material.

Option 2: 'Gibson may void the contract, but Belle may not even if she did not know the information was false.' This option reflects the typical misrepresentation/contract rescission framework: an innocent or misled party (Gibson) can rescind if they relied on false statements, even if the misrepresenting party (Belle) did not know the statements were false (i.e., the misrepresentation can be innocent or negligent). The law generally allows rescission by the deceived party when there is a misrepresentation of a material fact, irrespective of the misrepresenter’s knowledge. The misleader’s ability to void the contract themselves is not applicable; the rescission remedy is for the harmed party. This analysis supports option 2 as the true statement.

Option 3: 'Gibson may not void the contract if he could have discovered the truth through independent investigation.' While a failure to exercise reasonable diligence can sometimes affect a misrepresentation claim, rescission can still be available where a material misrepresentation occurred and the plaintiff relied on it. The possibility of independent discovery does not automatically bar rescission in all jurisdictions or cases, especially where reliance on the misrepresentation is reasonable. This makes option 3 problematic as a blanket rule and not a universally correct statement in the described scenario.

Option 4: 'Gibson may only void the contract if he can show Belle knew the information was false.' This overstates the requirement. Fraudulent misrepresentation (knowing falsehood) is one type of misrepresentation, but innocent or negligent misrepresentation can also give the deceived party the right to rescind. Requiring actual knowledge of falsity excludes other actionable misrepresentations and is therefore incorrect as a general rule in contract law.

In summary, option 2 correctly aligns with the core remedy available to a party misled by a false representation: Gibson can void or rescind the contract based on misrepresentation, even if Belle did not know the information was false. The other options either misstate materiality, rely on an incorrect limitation about rescission, or ignore the broader doctrines of misrepresentation (innocent, negligent, or fraudulent) and their remedies.

STRAT 3410-003 Fall 2025 Exam #2- Requires Respondus LockDown Browser

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