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Marissa, who is 1 week away from her 18thbirthday, is interested in buying a used car from her high-school principal, Victor. Marissa and Victor talk

Marissa, who is 1 week away from her 18thbirthday, is interested in buying a used car from her high-school principal, Victor. Marissa and Victor talk about the car in Victor's office, and Victor tells her that the engine on the car is in good shape and that he does not know of any problems with the car. Marissa agrees to pay Victor $1,000 for the car "as is", after Victor convinces her that is a fair price. After his meeting with Marissa, Victor learns that the car is being recalled by the manufacturer for a faulty engine. The next day, Victor delivers the car to Marissa. Before he hands the car over, Victor tells Marissa he will sell the car only if she pays him an additional $300 since he had the car detailed and made her the second set of keys. Marissa agrees to pay the extra money, but tells Victor she cannot do so now. Victor tells her she must deliver the extra $300 to him within two weeks. Marissa then gives Victor $1,000, and Victor leaves without telling Marissa anything about the recall. Marissa never gives Victor the additional $300. Three months later, Marissa is very angry at Victor. She has done some research and determines the car is worth only $500. More importantly, she is experiencing problems with the car and finds out that Victor had been notified about the engine issues. She asks Victor for a refund, but he refuses to give her one.

Question: Speaking of fraud, can Marissa sue Victor for fraudulent misrepresentation? What would she have to prove? Do you think she will win - explain your answer by evaluating Marissa's chances with respect to each element of misrepresentation?

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