COMM 393 Chapter Notes -False Statement
Document Summary
The salesperson told her there would be a/c during negotiations (during the test-run). When she goes on a drive in the new car later on, she discovers that there is no. Dodge is liable to collins for misrepresentation of the product. There was a negligent misrepresentation on the part of the salesperson, which induces the plaintiff to enter in the contract. Legal principles: misrepresentation: occurs in negotiations before k is made, material fact = opinion given by a professional" is fact, negligent misrepresentation = unintentional carelessness, fraudulent misrepresentation = deliberate. Issue: is dodge city east liable for negligent misrepresentation or breach of sales agreement when. Misrepresentation: occurs in negotiations before k is made. Agent of dodge city east was not proven to have made deliberate misrepresentation, in regards of the absence of air conditioning in car. However, a duty of care is owed to collins, and it was an innocent negligent misrepresentation.
