Business law

Homework Assignment #2

Jack is looking to buy a new car from Glendora BMW. Jack is employed at Home Depot and earns $8.00/hr. After hours of research, Jack determines that he will need to make $20/hr to qualify for a BMW from Glendora BMW. In order to qualify for the purchase, Jack creates a pay stub showing that he earns $20/hr and submits it to the finance department at Glendora BMW. Glendora BMW sells Jack a car. 6 months later, Jack defaults on the loan. Glendora BMW finds out that Jack created the pay stub and wants to bring an action against him for Fraudulent Misrepresentation. IRAC.

You MUST use the 5-element rule. The textbook breaks the rule for Fraudulent Misrepresentation into 5 separate elements. This information can be found under Fraudulent Misrepresentation in Chapter 6 where the author states “The tort includes several elements” and lists all five elements of the rule. These 5 elements make up the rule for fraudulent misrepresentation. Please note that all 5 elements make up the one rule that students must use. Here’s some help:

Issue:

Rule: List all 5 elements in one sentence.

Analysis: Complete your analysis on all 5 elements. Your analysis should state the first element followed by “because . . .” Then the second element followed by “because . . .” and so on. 

Conclusion: Conclude if the five elements have been met.

If you fail to use the 5-element rule and prepare an analysis on the same 5 element rule you will not receive credit on this assignment. No exceptions.

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