Duke decided to sell his car. The car\'s muffler had a large hole in it, and as

Question

Duke decided to sell his car. The car's muffler had a large hole in it, and as a result, the care made a loud noise. Before showing the car to potential buyers, Duke patched the hole with muffler tape to quiet it. Perry bought the car after test driving it. He later discovered the faulty muffler and sought to avoid the contract, claiming fraud. Duke argued that he had not committed fraud because Perry had not asked about the muffler and Duke had made no representation of fact concerning it. Is Duke correct? Explain your response.

Explanation / Answer

In this case the argument put forward by Duke may seem unethical but legal because it was Perry's responsibility to assess the condition of the car and it would have been better if he would have done that by a professional in this field. Duke is correct because Perry had not asked about the muffler and Duke had made no representation of fact concerning it and therefore there is no fraud that Duke committed.

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