a. Amy is a recreational bicyclist that has only rode her bike on the road. Amy is interested in starting mountain biking so she visited a store that specializes in all types of bicycles. When she entered the store, she told the sales person there, Peter, that she only wanted to purchase a mountain bike that she can ride off-road on dirt trails in the mountain and can withstand the hard impact upon a bike on mountain trails. Peter had just sold the last mountain bike in the store the day before, but he did not want to lose Amy’s business so he instead presented a road bike that is not made for mountain biking. Peter tells Amy that the bike he is presenting to her is a mountain bike that is suitable for off-road mountain biking and is suitable for her needs. Peter purposely makes these statements to Amy in order to convince her that the bike is a mountain bike even though he knows that the road bike is not suitable for mountain biking and that the bike will likely fall apart after a few uses on mountain trails. Amy, not knowing much about mountain bikes, relies upon everything Peter tells her and believes that the bike is in fact a mountain bike that she can ride off-road on dirt trails. Amy purchases the bike for $300 as a result of Peter’s representations. Amy uses the bike once on a normal bike ride in the mountain before her new bike breaks apart during a trail ride. The bike is in pieces and is now worth nothing. Amy loses $300 as a result of having purchased the bike from Peter based upon his representations. What are the four elements that Amy must prove in order to establish a claim for fraudulent misrepresentation? Does Amy have a claim for fraudulent misrepresentation? Explain why or why not.
b. A false representation made by one party, through misstatement of facts or thorough conduct, with the intention of deceiving another and on which the other reasonably relies to his or her detriment is considered what intentional tort against persons?
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A-Yes, Amy have claim for Fraudulent misrepresentation because Her case fulfills the all four element required to prove that Peter is guilty of doing fraud misrepresentation to her..
1. misrepresentation of material fact - In this case, Peter misrepresent the fact that the Bike he is selling to Amy is for mountain riding while in reality it was a road bike.
2-intent to deceive- in this case, Pete knew that Bike is not suitable for mountain ride but he has the intent to make sale and does not want to lose business from Amy so he deceived her.
3-the plaintiff reasonably relied on the defendant's statement- In this case, Amy did not have experience or knowledge related to Mountain bikes so she relied on information provided to her by Peter and believed him.
4. causation: the misrepresentation caused damages- In this case, The misrepresentation cause damage as her $300 bike fell apart when she rode it on mountain. also repair is impossible. she suffer loss.
B-
B. Fraudulent Misrepresentation is correct
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a. Amy is a recreational bicyclist that has only rode her bike on the road. Amy...