Question

Scheming Friends.Willy very much wants to rent a basement apartment in Weaver's home.Willy threatens to tell all Weaver's friends that he and Weaver had been arrested for illegally smoking marijuana unless Weaver rents the apartment to him for $100 per month.Weaver reluctantly agrees to rent the apartment to Willy for that amount.Willy also wants to buy Weaver's car.Weaver runs back the odometer on the car before Willy test-drives it.Willy is impressed by the low mileage and agrees to buy the car.Finally,Weaver offers to sell Willy a ring for Willy's fiancée.Weaver tells Willy that the ring is a diamond and believes that to be true.After the deal is made,however,a jeweler friend of Weaver's informs him that the ring is a fake.When Willy shows up with the money,Weaver says nothing.He just hands Willy the ring and takes the money.Later,Willy finds out that the odometer was run backwards from another friend to whom Weaver confided.Willy also finds out from his girlfriend that the ring is a fake.Which of the following is true regarding Willy's agreement to purchase the ring?
A) He will not be able to rescind the contract because Weaver did not make an express false statement regarding the ring.
B) He will not be able to rescind the contract because Weaver did not make an express false statement regarding the ring and because Weaver did not know the ring was a fake when the initial agreement was made.
C) He will not be able to rescind the contract unless he can prove that Weaver was at least negligent in not realizing the ring was a fake when the initial agreement was made.
D) He will be able to rescind the agreement because Weaver caused him duress.
E) He will be able to rescind the agreement because Weaver committed fraudulent misrepresentation.

Answer 1

Answer:

E) He will be able to rescind the agreement because Weaver committed fraudulent misrepresentation.