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Trudy Truegood is interested in buying a relatively docile and well-mannered horse for her and her young daughter to ride. Trudy has never owned a

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Trudy Truegood is interested in buying a relatively docile and well-mannered horse for her and her young daughter to ride. Trudy has never owned a horse and knows little about riding but is willing to learn. Tommy Trackhound has a thoroughbred named Bad Tempered Barnie who tripped and stress fractured a leg in a recent race while trying to bite another horse in the race. Bad Tempered Barnie is currently on pain medication and is very sleepy. Tommy is desperate to dump Barnie at any price and is willing to outright lie about Barnie's condition to achieve a sale. Tommy tells Trudy that Barnie has barely been ridden, is in great shape and as she can see for herself is quiet as a lamb. Trudy relying on Tommy's representations buys Barnie. A few days later, Barnie has to be put down (euthanized) because of his broken leg. Trudy can cancel the contract and get damages for Tommy's fradulent misrepresentations. Trudy cannot avoid the contract under the Florida salesmen immunity act Trudy is out of luck and cannot sue Tommy because she should have had the horse independently inspected by a horse doctor before purchasing Trudy cannot sue because Tommy's statements were mere sales puffery

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