Stella Seller put up her charm bracelet for sale on eBay. She included a photo o

Question

Stella Seller put up her charm bracelet for sale on eBay. She included a photo of the bracelet and the
following description: “For Sale, sterling silver charm bracelet (see photo). My grandmother bought me
this bracelet chain when I was 5 years old and she gave me a sterling silver charm every year on my
birthday for 15 years. I hate to sell it but I really need the money.” Betty Buyer was the high bidder for
the bracelet at $168.50 plus shipping. Betty paid through PayPal and Stella sent her the bracelet. Betty
loved the bracelet with all its fun charms and she brought it to her jeweler to have it cleaned. She was
shocked and disappointed when the jeweler told her that the bracelet and charms were not sterling
silver and that its value was less than $50. For purposes of this question, you can assume that Stella
really thought the bracelet and charms were sterling silver. If Betty Buyer sues Stella Seller to rescindt he
contract, the likely result would be:

- Betty would lose because this is a unilateral mistake of value by Betty.
- Betty would win based on quantum meruit.
- Betty would lose because Stella had no intent to deceive her.

- Betty would win based on innocent misrepresentation.

Explanation / Answer

Ans- As Stella cheated Betty and she misrepresented it in front of Betty that the bracelet is a sterling silver. And Betty was innocent to believe Stella and she purchased it. Hence when Betty sues Stella to rescind the contract then Betty would win based on innocent misrepresentation.

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