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Acc 556 Case Summary

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Under Arkansas case law pertinent to actual fraud, Is Mr. Sidewinder liable for fraudulent misrepresentation, when (1) the sword which was solicited as authentic turned out to be a replica; (2) the defendant characterized the sword as what he personally believed to be true; (3) the plaintiff was given the opportunity to inspect the sword before the sale was induced; (4) the plaintiff relied on the statements of the seller, believing him to have peculiar knowledge in the field, and purchased the sword before examining it herself; (5) the plaintiff bought the sword for $50,000 when it was only appraised to a value of $1,000? BRIEF ANSWER Probably no. Mr. Sidewinder will have to concede that there was a factual misrepresentation of the purchased …show more content…

Upon which, on May 25, 2016, Budd informed her that he was out of town in New York, handling his financial troubles, and would not be back until June 20th, and offered to meet with her then. Facing an impending moving date of June 10th, Beatrix stated that she could not wait that long, and needed the sword sooner in order to give it to her daughter before they left for Florida. Subsequently, she proffered to buy the sword using PayPal as a means of transferring the funds, and using a private courier to pick up the blade in New York and then deliver it to her in Arkansas, costing her an additional $1,000. She requested an address and a date that would work for Budd to which he replied with the appropriate address and a date of May 29th. On May 28th, Beatrix forwarded the $50,000 to Budd via PayPal with instructions to transfer the merchandise to the courier in the morning. The courier picked up the “Black Mamba” on May 29th and delivered it to her house in Arkansas on May 30th. On June 10th, she surprised her daughter with the sword for her 16th birthday. Shortly after gifting the sword, they had to pack it amongst their belongings to be moved to

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