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At an auction for the first time, Sally raises her hand to bid on an object, believing that the auctioneer requested an amount smaller than
At an auction for the first time, Sally raises her hand to bid on an object, believing that the auctioneer requested an amount smaller than the price actually asked. Sally is liable on the bid, not liable on the bid only if she truly misunderstood the price. not liable on the bid only if the object is truly overpriced. liable on the bid if she truly misunderstood the price or if the object is truly overpriced. A door-to-door vendor of vacuum cleaners tells a potential customer that the vacuum cleaners "slurp up dirt faster than a sweat sopped boy could down a cold drink " After purchasing one of the vacuum cleaners, the customer discovers that it does not clean the cat hair off his carpets. Does the customer have legal recourse against the vendor? Yes, he can sue the vendor for active fraud. No, because the vendor's sales puffery would not be considered fraud. Yes, he can sue the vendor for undue influence. No, because the vendor has made a unilateral mistake
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