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A computer salesman innocently misrepresented a fact about a StarSystem computer to a customer. Although this fact was not about a term of the contract, it did induce the customer to buy the computer. The customer has now learned the true facts and wants to return the computer. If the store refuses to take it back, the customer would ask the court for which equitable remedy?
A) Damages
B) Rescission
C) Rectification
D) Restitution
E) Injunction
Misrepresented
Incorrectly or falsely presented information, often leading to a misunderstanding or an erroneous basis for a contract or agreement.
Equitable Remedy
A court-ordered action aimed at achieving fairness, such as injunctions or specific performance, rather than monetary compensation.
Rescission
The revocation, cancellation, or repeal of a contract, returning all parties involved to their positions prior to the agreement.
- Gain insight into the numerous remedial measures accessible for parties deceived by misrepresentation and the narrow set of criteria that must be met for each measure.
- Familiarize yourself with the notion of rescission and its application in scenarios of misrepresentation.
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Learning Objectives
- Gain insight into the numerous remedial measures accessible for parties deceived by misrepresentation and the narrow set of criteria that must be met for each measure.
- Familiarize yourself with the notion of rescission and its application in scenarios of misrepresentation.
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