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28. Assuming no applicable statutes, is the friend likely to prevail in an action to rescind his purchase of the car from the woman?
A woman purchased a car from a seller who had reset the car's odometer to read 25,000 miles. The seller was aware that the car's actual mileage was approximately 90,000. Unaware of the car's actual mileage, the woman resold the car to a friend seven months later. At the time of the resale, the friend looked at the odometer, which read 30,000 miles, and said, «Great!» By then, the actual mileage was 95,000. Immediately after buying the car, the friend took it to his mechanic, who completed minor repairs and told the friend that he estimated the car's actual mileage to be approximately 100,000.
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A is incorrect. The friend had no duty to have a mechanic check the mileage when his reliance on the odometer reading was reasonable.
B is incorrect. Because the woman was unaware of the actual mileage, the misrepresentation was not fraudulent; however, a material misrepresentation, even if innocent, is still grounds for avoidance of a contract.
D is incorrect. Even if the odometer reading constituted an express warranty, the remedy for breach of warranty would be money damages, not rescission of the purchase contract.