Business Torts Flashcards
What is the highest that Mrs. Glick can recover for intentional misrepresentation if (1) Groundskeeper Willie was trying to sell a chainsaw that he hadn’t tested or inspected, (2) Mrs. Glick knew little about chainsaws and wanted to buy a chainsaw, (3) Groundskeeper Willie told Mrs. Glick that the chainsaw he was selling was in working order and one of the safest on the market, (4) he said it was worth $1K but was willing to sell it for $200, (5) Mrs. Glick tried to use it and it wouldn’t turn on, (6) she brought it to repair shop where she would’ve been charged $800 to repair?
$1K, ie: the benefit of the bargain - Mrs. Glick is able to show that (1) Willie made a material misrepresentation by recklessly saying the chainsaw worked without known of the truth of this statement, (2) intended to get Mrs. Glick to rely on his statement and buy it, (3) his statement caused Mrs. Glick to buy it, (4) Mrs. Glick was justified in relying on Willie’s statement, and (5) Mrs. Glick incurred damages - in this case, the damages in majority jurisdiction would be calculated to be the benefit of the bargain, meaning the difference of the actual value ($0 worthless), and the value if the misrepresentation were true ($1K)
