Posted on by Judy

The act of turning back the odometer of a car so that a lower mileage is shown which is done for purposes of sale, would be: Duress Acceptable because the buyer would be able to discover this by conducting a reasonable investigation Innocent misrepresentation This fact would establish fraudulent misrepresentation and would be a circumstance that would enable the innocent party to prove that the contract lacked real consent.

Duress is threats, violence, constraints, or other action used to coerce someone into doing something against their will or better judgement. Definitely , this is not the case here.
Act of turning back the odometer by the seller is a misrepresentation of fact which an innocent buyer of unaware of resulting in the innocent buyer taking a decision which otherwise he/she would not have been taken if fair opportunity was given to him/her to make known all real facts. The outcome therefore could have been different if real fact was known i.e. if the odometer of the car was not turned back. Thus real consent probably would not have come from the buyer ( innocent party ) had the fraudulent misrepresentation of facts were not made by seller
ANSWER : THIS FACT WOULD ESTABLISH FRAUDULENT MISREPRESENTATION AND WOULD BE A CIRCUMSTANCE THAT WOULD ENABLE THE INNOCENT PARTY TO PROVE THAT THE CONTRACT LACKED REAL CONTENT
 
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