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Gordon sells his car to Earnhardt. The car has a rust hole in the trunk. Earnhardt would not have bought the car if he had
Gordon sells his car to Earnhardt. The car has a rust hole in the trunk. Earnhardt would not have bought the car if he had known about the hole. However, he did not discover it because Gordon carpeted the trunk to hide the hole. In order to rescind the contract on the basis of fraud, Earnhardt would have to prove that Gordon made a false assertion of fact. Can he
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Yes, because Gordon has an affirmative duty to inspect the car and notify the buyer.
No because Earnhardt had a duty to tear out the carpet and inspect the whole car.
No because Gordon never explicitly lied about the hole.
No because Gordon had no knowledge about the hole.
Yes, Gordon concealed the hole by carpeting the trunk.
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