Posted: November 9th, 2016

Assume a salesperson intentionally made one of the following statements – knowing that the statement was false – to a customer considering a purchase. Which statement could create liability for fraudulent misrepresentation if the customer made the purchase?

Roxy, while driving through Wyoming to her home in Montana, accidentally lost control of her car and drove it through a window into a store owned by Colt. Colt sued Roxy in a Wyoming court for damages to his store. Will the Wyoming court likely be able to exercise jurisdiction over Roxy? a) No, because Wyoming has no in personam (personal) jurisdiction over Roxy, and cannot exercise its long arm statute only in cases involving automobile accidents. b) No, because Wyoming has no in personam jurisdiction over Roxy, and cannot justify minimum contacts in this case. c) Yes, Wyoming can exercise jurisdiction in this case because there is a federal question involved due to the diversity of citizenship between the parties. d) Yes, because Wyoming can assert in personam jurisdiction over Roxy under the minimum contacts test. 5. Assume a salesperson intentionally made one of the following statements – knowing that the statement was false – to a customer considering a purchase. Which statement could create liability for fraudulent misrepresentation if the customer made the purchase? a) “In my opinion, this car is in flawless mechanical condition.” b) “This crane will probably lift about 10,000 pounds.” c) “This car is a real gem.” d) “This is an original painting by the artist, Pablo Picasso.” 6. Ram was walking down the sidewalk by a construction project site in a downtown area. The project was owned and operated by Modern Construction, Inc. and was surrounded by orange plastic fencing typically used for construction projects. Ram stopped to watch a metal beam being lifted by a crane on the construction site. As the beam swung through the air, Ram thought it was going to fall and jumped forward quickly off the sidewalk and into the construction project property, falling into and smashing the orange plastic fencing. As Ram landed inside the construction project, the beam fell near Ram. The beam did not hit Ram but some rocks were thrown onto Ram as the beam fell, cutting his arm so that it required 35 stitches. If Ram sues Model Construction for negligence, the likely result will be that Ram will: a) Lose, because he assumed the risk as a trespasser on the construction site and trespassers can never recover damages. b) Lose, because pedestrians are always liable under contributory negligence in such cases involving trespassing. c) Win, because it is always foreseeable that a beam could fall on a rescuing pedestrian. d) Win, if the beam fell because of Model Construction’s negligence.

Expert paper writers are just a few clicks away

Place an order in 3 easy steps. Takes less than 5 mins.

Calculate the price of your order

You will get a personal manager and a discount.
We'll send you the first draft for approval by at
Total price:
$0.00
Live Chat+1-631-333-0101EmailWhatsApp