Essay
In 1975, Denise purchased a used Volkswagen Beetle from Don. At the sale, Don produced a title to the car that said it was a 1972 car. In 1976, Denise sold the car to Ed, delivering a title stating that the car was a 1972 Volkswagen Beetle. Both titles were genuine and issued by the proper state office. In the 1970s, Volkswagen Beetles underwent essentially no body changes and, quite frankly, the cars were indistinguishable from year to year except to experts. When Ed takes the car to his mechanic for some routine maintenance, he is told that the car is actually a 1970, not a 1972, model. Ed immediately calls Denise and accuses her of fraud. Denise calls Don and is told that the car was indeed a 1970 car but he had replaced the motor with a new 1972 motor and had the car reregistered for the year of the new engine, an act which at the time was legal in their state. Has Don committed an actionable wrong? Has Denise committed any form of an actionable wrong?
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Don committed a fraud when he sold the c...View Answer
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