Question

Sophie buys a tropical bird from Henry's bird store. Henry says, "It is extremely rare." Sophie asks if the bird is on the endangered species list. Henry knows it is on the list, but he tells her it is not. Government officials later tell Sophie that she purchased a bird that individuals may not own, the bird is confiscated, and she is fined for possessing it. To recover the price of the bird and the cost of fines, Sophie can sue Henry for

a. negligence.
b. fraudulent misrepresentation.
c. mistake, which allows the contract to be rescinded.
d. undue influence.

Answer 1

Answer: b) Fraudulent misrepresentation.

Explanation:

Fraudulent misrepresentation is the wrongful act under which false statement or facts are used to make a party or person enter into  particular agreement or contract. This is legally considered as a fraud or tort.

According to the question,Sophie can legally sue Henry based on fraudulent misinterpretation as Henry present false statement by lying to her about buying an endangered specie bird.Thus,Henry should be liable for the fine payment .

Other options are incorrect because negligence, mistake or undue impact does not permit Sophie to appeal petition against Henry.Thus, the correct option is option(b).