Kyle Wants to Buy a Six-Passenger Car

Multiple Choice

Kyle wants to buy a six-passenger car.The salesperson tells him that the two-seat sports car Kyle sees on the car lot would be just perfect for six people.Kyle test drives the car and then buys it.In this case:

A) Kyle has a valid cause of action for fraud.
B) Kyle was not justified in relying upon the salesperson's representation that the car would seat six people.
C) the element of scienter is missing.
D) the salesperson is a fiduciary.