Terri Asked to See the #378 Silver Streak Tomato Seeds

Multiple Choice

Terri asked to see the #378 Silver Streak tomato seeds listed in the catalog. The clerk pointed to a large bag in the corner and Terri commenced to weigh out the two pounds she wanted. Several weeks later, she discovered the plants were the wrong variety. Does she have a legal claim in misrepresentation?

A) Yes, since actions can be a source of misrepresentation.
B) No, because actions cannot be a source of misrepresentation..
C) Yes, since this is clearly a case of shopkeeper negligence.
D) No, because the misrepresentation was not given in written or in oral words.
E) No, because too long of a time has transpired.