Reilly makes a misrepresentation to Sonny, a consumer, who buys Reilly’s product. In using the product, Sonny suffers an injury. To serve as a basis for recovery, the misrepresentation must be

Question

BlackTom AI · Accepted Answer

Consider what makes a misrepresentation actionable in contract and tort contexts: the statement must concern a material fact that would influence a reasonable person's decision to buy or use the product, and the misrepresentation must be relied upon.
Option 1: 'a scientific fact.' While some scientific facts can be material, the statement in a misrepresentation claim must be about a material fact that affects the buyer’s decision, not necessarily any classification as 'scientific.' This option narrows the concept too much and isn’t the standard term used to describe the required element.
Option 2: 'an ethereal fact.' This term is vague and does not align with legal concepts of misrepresentation. An undefined or abstract notion cannot meet the requirement of a material fact that would influence a consumer’s behavior. Therefore this choice is incorrect.
Option 3: 'a national fact.' This phrasing is unfamiliar in the law of misrepresentation; public or national issues might be relevant in other contexts, but in a consumer misrepresentation claim, the key is materiality to the transaction, not some broad or nonspecific category like a 'national fact.' Hence this option misstates the principle.
Option 4: 'a material fact.' This is the correct framing for misrepresentation claims: the misrepresented assertion must concern a material fact—one that a reasonable person would find significant in deciding whether to purchase or use the product—and the claimant must have relied on that fact. In the given scenario, if Sonny relied on a misrepresentation about the product that was material to his decision and the product caused injury, the misrepresentation can serve as a basis for recovery.
Overall, the essential point is that only statements about material facts—not vague, irrelevant, or non-material notions—can ground a misrepresentation claim in consumer contexts, and this aligns with option 4.

Reilly makes a misrepresentation to Sonny, a consumer, who buys Reilly’s product. In using the product, Sonny suffers an injury. To serve as a basis for recovery, the misrepresentation must be

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