Leonetti sold her car to Salazar. She made false representations of the car’s state and condition regarding miles traveled and accidents involved. Even though the mechanic hired by Salazar differed from the facts, he still bought the car. After the vehicle had several mechanical failures, Salazar sought to rescind the contract. Will Salazar successfully rescind the contract?

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Salazar will not successfully rescind the contract. The provisions of a contract are not enforceable unless all parties agree to them. Any contract founded on a false premise, such as those included in the explicit terms, is null and void. If the statement has an impact on the contract, it’s a fraudulent misrepresentation. Some elements must be met for a case of fraudulent misrepresentation to succeed.

The first element is that a statement of truth must have been made. The statement made must have been misleading. It was intended for the opposite side to depend on it to decide. There is no doubt that the opposing party relied on the representation. Due to a misrepresentation, another person must have sustained losses.

In the case between Leonetti and Salazar, a statement was made that was misleading. Leonetti’s statement was misleading. The car had been involved in an accident and had traveled for more than the said 25,000 miles. The statement was supposed to be a statement of truth. It had a significant impact on the outcome of the contract. Leonetti intended for Salazar to depend on the statement to decide on the purchase of the contract.

However, Salazar did not rely on the statement to make a decision. This is because he consulted a mechanic who gave him the facts before making the decision. Therefore, the loss suffered was not a result of the statement made by Leonetti. Salazar will not be able to rescind the contract based on fraudulent misrepresentation. The case does not meet all the elements of fraudulent misrepresentation.

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Academic.Tips. (2023) 'Leonetti sold her car to Salazar. She made false representations of the car's state and condition regarding miles traveled and accidents involved. Even though the mechanic hired by Salazar differed from the facts, he still bought the car. After the vehicle had several mechanical failures, Salazar sought to rescind the contract. Will Salazar successfully rescind the contract'. 12 February.

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Academic.Tips. (2023, February 12). Leonetti sold her car to Salazar. She made false representations of the car's state and condition regarding miles traveled and accidents involved. Even though the mechanic hired by Salazar differed from the facts, he still bought the car. After the vehicle had several mechanical failures, Salazar sought to rescind the contract. Will Salazar successfully rescind the contract? https://academic.tips/question/leonetti-sold-her-car-to-salazar-she-made-false-representations-of-the-cars-state-and-condition-regarding-miles-traveled-and-accidents-involved-even-though-the-mechanic-hired-by-salazar-differed-f/

References

Academic.Tips. 2023. "Leonetti sold her car to Salazar. She made false representations of the car's state and condition regarding miles traveled and accidents involved. Even though the mechanic hired by Salazar differed from the facts, he still bought the car. After the vehicle had several mechanical failures, Salazar sought to rescind the contract. Will Salazar successfully rescind the contract?" February 12, 2023. https://academic.tips/question/leonetti-sold-her-car-to-salazar-she-made-false-representations-of-the-cars-state-and-condition-regarding-miles-traveled-and-accidents-involved-even-though-the-mechanic-hired-by-salazar-differed-f/.

1. Academic.Tips. "Leonetti sold her car to Salazar. She made false representations of the car's state and condition regarding miles traveled and accidents involved. Even though the mechanic hired by Salazar differed from the facts, he still bought the car. After the vehicle had several mechanical failures, Salazar sought to rescind the contract. Will Salazar successfully rescind the contract?" February 12, 2023. https://academic.tips/question/leonetti-sold-her-car-to-salazar-she-made-false-representations-of-the-cars-state-and-condition-regarding-miles-traveled-and-accidents-involved-even-though-the-mechanic-hired-by-salazar-differed-f/.

Bibliography

Academic.Tips. "Leonetti sold her car to Salazar. She made false representations of the car's state and condition regarding miles traveled and accidents involved. Even though the mechanic hired by Salazar differed from the facts, he still bought the car. After the vehicle had several mechanical failures, Salazar sought to rescind the contract. Will Salazar successfully rescind the contract?" February 12, 2023. https://academic.tips/question/leonetti-sold-her-car-to-salazar-she-made-false-representations-of-the-cars-state-and-condition-regarding-miles-traveled-and-accidents-involved-even-though-the-mechanic-hired-by-salazar-differed-f/.

Work Cited

"Leonetti sold her car to Salazar. She made false representations of the car's state and condition regarding miles traveled and accidents involved. Even though the mechanic hired by Salazar differed from the facts, he still bought the car. After the vehicle had several mechanical failures, Salazar sought to rescind the contract. Will Salazar successfully rescind the contract?" Academic.Tips, 12 Feb. 2023, academic.tips/question/leonetti-sold-her-car-to-salazar-she-made-false-representations-of-the-cars-state-and-condition-regarding-miles-traveled-and-accidents-involved-even-though-the-mechanic-hired-by-salazar-differed-f/.

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