5. Tyler sells organically grown, free-trade coffee beans from Guatemala. Jackie

Question

5. Tyler sells organically grown, free-trade coffee beans from Guatemala. Jackie purchases 10 pounds for her coffee shop called "Central American coffee and goodies," where she only sells coffee and pastries from Central American countries. One day Stu comes in to Jackie's shop, orders coffee, takes a sip, and declares, "This is Kenyan coffee, not Guatemalan!" It turns out that Stu is correct and Tyler's beans, unbeknownst to him, were mislabeled. Does misrepresentation or fraudulent misrepresentation exist? (5 points)

Explanation / Answer

Negligent misrepresentation exists in this case. Jackie can prevail lawsuit against Tyler for selling Kenyan Coffee instead of Guatemalan coffee. In order to succeed in the lawsuit for misrepresentation, Jackie has to prove six elements:

But for filing a lawsuit, it is essential that Tyler and Jackie were in agreement to the terms sealed with a contract.

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