A retailer describes a table as "solid oak" when it's actually oak veneer over particleboard. The customer buys it specifically wanting solid wood. Which factor would MOST likely defeat a misrepresentation claim?

Question

BlackTom AI · Accepted Answer

We start by restating what’s being asked: a retailer labels a table as 'solid oak' when it’s actually oak veneer over particleboard, and the buyer purchased it specifically expecting solid wood. We evaluate each option to see which factor would most likely defeat a misrepresentation claim.
Option 1: The customer noticed exposed particleboard before purchasing. This is a strong factor against misrepresentation: if the buyer already observed the particleboard or the veneer condition before buying, they had knowledge of the true material or at least a lack of solid wood, which undermines reliance on the misrepresented claim. In other words, their awareness of the actual composition or of the exposed substrate makes it unlikely they can claim they were misled by the 'solid oak' statement. This directly addresses reliance, a key element of misrepresentation.
Option 2: The retailer genuinely believed it was solid oak. Even if the retailer’s belief was honest, misrepresentation can still occur if the statement was false and the seller made it with knowledge or reckless disregard. A genuine belief doesn’t automatically negate liability; though it can affect intent, it does not categorically defeat a claim of misrepresentation because the element of misleading conduct can still be present.
Option 3: The statement was made after a non-refundable deposit was paid. The timing of the statement relative to payment does not inherently defeat misrepresentation. If the statement induced the purchase and was false, a misrepresentation claim could still lie regardless of when the statement was made, unless there’s a contractual/availability nuance or a defense like change of material facts, which is not indicated here.
Option 4: The statement was opinion rather than fact. Misrepresentation typically hinges on false statements of fact, not opinions. If 'solid oak' is presented as an opinion, it might be less likely to form the basis of a misrepresentation claim. However, in consumer transactions, statements about material qualities presented as facts (and not clearly labeled as opinion) are often treated as fact-based representations. The mere label 'solid oak' is generally treated as a factual claim about material composition rather than a subjective opinion, so this option is weaker as a defense than option 1.

PMGT5895 (all) Contracts Management Quiz

A retailer describes a table as "solid oak" when it's actually oak veneer over particleboard. The customer buys it specifically wanting solid wood. Which factor would MOST likely defeat a misrepresentation claim?

查看解析

登录即可查看完整答案

类似问题

Jennifer has offered to sell her laptop computer for $750 to Jack. She tells Jack that the computer is only six months old but, in fact, it is three years old, and Jennifer wants to get rid of it. Jack agrees to buy the computer based on Jennifer's representations. This contract is:

In selling a 600-acre farm to Family Farms, Inc., Jake tells the buyer that the land "will be worth twice as much by next year." This statement is not likely to support rescission of the contract because it is

Steve sells Bruno a car. After they agreed on the deal, but before the money was handed over, Bruno asks Steve is the car has any oil leaks, Steve says it does not. The car did have leaks and Bruno wants to sue Steve. Which one of the following cases would best apply to this situation:

The term _____ is used to describe misstatement or incomplete statement of a material fact.

It is important to distinguish between representations and terms because:

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

In a consumer society, many adults channel creativity into buying things

更多留学生实用工具

考试浏览器助手

风格化写作助手

论文查重助手

文献引用助手

课堂转译助手

课堂笔记助手

Quiz搜索助手

学校历年真题

智能刷题助手

智能匹配练习

希望你的学习变得更简单