Capacity to Consent and Genuine Assent Case Questions Answered

Capacity to Consent and Genuine Assent Case Questions Question One Lester purchased the car based on the promise by the salesman that the car had never been in a wreck. Contractual agreements between individuals for them to be held as binding with between a client and a seller must be founded on true and honest claims. As such, when the client enquired from the seller whether or not the car had ever been involved in an accident, the response should have been made in an honest manner. Arguably, it is pertinent for sellers to make claims that are true to avoid providing false information to clients because, therefore, they become liable for fraud. Fundamentally, in the case of Lester, the salesperson, albeit claiming that the car had not been involved in an accident, did not have any prior information to the contrary. Therefore, from this point of view, it is accurate to aver that Lester cannot successfully make claims of fraud in this case because the salesperson did not have any information regarding the car has been in a wreck. Therefore, his response alluding to the car having never had been involved in an accident was inaccurate but did not amount to fraud. However, it is important to note that as a salesperson, the individual had a personal obligation to make inquiries regarding the car; therefore, Leslie can make arguments of negligent misrepresentation from this point of view. Thus, their contractual agreement is void, and the injured party- Leslie, can make claims of harm from the information shared by the salesperson. Question Two: At the age of 17, Helen lied about her age to the dealer when entering into a contract with them regarding the purchase of the Harley-Davidson 'Sportster". The fact that she showed the dealer a fake ID after crushing the motorcycle makes it hard for her to avoid the contract on the grounds that she was a minor at the time of entering the contract. Contractual laws are different across various states, with some states requiring that the minors pay for any such damage that occurs on a product initially purchased under a false pretext. In retrospect, it is important to note that age misrepresentation when entering a contract does not................