Question

Sophie buys a tropical bird from Henry's bird store. Henry says, "It is extremely rare." Sophie asks if the bird is on the endangered species list. Henry knows it is on the list, but he tells her it is not. Government officials later tell Sophie that she purchased a bird that individuals may not own, the bird is confiscated, and she is fined for possessing it. To recover the price of the bird and the cost of fines, Sophie can sue Henry for:
a. fraudulent misrepresentation.
b. mistake, which allows the contract to be rescinded.
c. undue influence.
d. negligence.

Answer 1

Answer:

a. fraudulent misrepresentation.

Explanation:

Sophie can sue Henry for fraudulent misrepresentation because the seller made a false statement by saying the bird was not on the endangered species list while aware that it was not true; inducing Sophie to buy the bird and consequently suffer a loss.