Oscar offered to sell Steck a car and told Steck that the car had been driven only 45,000 miles and had never been in an accident. The odometer reads 45000 miles and may be broken. Oscar’s father owned the car and died so Oscar doesn’t actually know the true mileage. Steck hired a mechanic to appraise the condition of the car, and the mechanic said that the car probably had at least 70,000 miles on it and probably HAD been in an accident. In spite of this information, Steck still thought the car would be a decent value for the price, so he purchased it. Later when the car developed numerous mechanical problems, Steck sought to rescind the contract claiming Oscar was guilty of fraudulent misrepresentation of the car’s condition.
1. Discuss fully whether Steck should be able to rescind his contract? Be clear, specific in citing legal principles for your arguments for or against.
2. Whichever way you lean, support your position with sound analysis. As always, respond with complete sentences. This does not mean compound or complex sentences.
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