Section 11-1b

Frederica wants to purchase a dog for breeding purposes, and Harold Clementine approaches her with what he says is a great bargain. He's planning to sell his breeding business so he can retire. He tells Frederica she should purchase a Tibetan mastiff, the most expensive dog in the world because they earn a huge return for breeders. Ordinarily, they sell for $7,000 per puppy, but since he's ready to retire, he's offering them for $4,000. When Frederica mentions she may be interested in more than one puppy, he says he'll drop the price to $3,000 per puppy if she buys 5. She asks for the puppies' veterinary records, and when they all look clean, she makes the purchase.

One year later she tries to breed the pups, and she discovers that three of the five are sterile - since they cannot impregnate a female pup, they are worthless for breeding purposes. She sues Clementine for breach of contract based on fraud. During the discovery process, she finds that his veterinarian referred several of his dogs to a specialist because of cysts on their reproductive organ, a genetic condition that might have rendered them sterile. The vet's records show that he communicated with Clementine about the cysts, but Frederica's lawyer hasn't been able to determine whether he told Clementine they might cause sterility. The lawyer also hasn't been able to determine whether the veterinarian specialist spoke with Clementine about the cysts and sterility.

Your task is to state the law of fraudulent misrepresentation and apply it to this case. Your analysis should address the evidentiary problems the plaintiff will face. In other words, the outcome of this case is not certain, so what has to happen for Frederica to win?

Reminder: You may not take language straight from the text unless you put it in quotes. Also, you may not collaborate on this assignment. Please be careful of both.