Fraudulent Misrepresentation

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 financing department at Glendora BMW. To create this paystub he uses a website specializing in fabricated paystubs. Glendora BMW sells Jack a car based on this fabricated paystub. 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.

Look at the section in the textbook that discusses Fraudulent Misrepresentation (Not the glossary). You will find that the text book breaks the rule into 5 elements. And actually states “The tort includes several elements:” What follows this statement is a five element rule numbered 1-5.

All five of these elements make up ONE rule. Write all five elements in one paragraph (This is your “rule”). Then analyze this rule and conclude.