Did Jim's conduct constitute fraud? Explain your answer. What is the difference between fraud and negligent misrepresentation?

Principles Of Marketing
17th Edition
ISBN:9780134492513
Author:Kotler, Philip, Armstrong, Gary (gary M.)
Publisher:Kotler, Philip, Armstrong, Gary (gary M.)
Chapter1: Marketing: Creating Customer Value And Engagement
Section: Chapter Questions
Problem 1.1DQ
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The Case: SmartCo is a company producing and selling washing machines. Jim is working as
a sales officer in this company. His obligation is to directly communicate with customers and
to sell them products of the company. Tom is a customer of SmartCo. Wago Inc. is a business
partner of SmartCo.
Question 1:
Tom comes to Jim to buy a washing machine. Jim informs Tom that their company has recently
received a consignment of new machines. The management of the company instructed all
officers, including Jim, to tell customers that all details in their machines are of highest
unbreakable quality. This is what Jim tells Tom. Having trust in Jim's words Tom buys a
washing machine – it breaks on the first day of its usage. It occurs that it consists of low-quality
details. When Tom returns to Jim with a complaint, Jim responds that he had no knowledge of
any defects in the washing machines he sold.
Did Jim 's conduct constitute fraud? Explain your answer.
What is the difference between fraud and negligent misrepresentation?
Transcribed Image Text:The Case: SmartCo is a company producing and selling washing machines. Jim is working as a sales officer in this company. His obligation is to directly communicate with customers and to sell them products of the company. Tom is a customer of SmartCo. Wago Inc. is a business partner of SmartCo. Question 1: Tom comes to Jim to buy a washing machine. Jim informs Tom that their company has recently received a consignment of new machines. The management of the company instructed all officers, including Jim, to tell customers that all details in their machines are of highest unbreakable quality. This is what Jim tells Tom. Having trust in Jim's words Tom buys a washing machine – it breaks on the first day of its usage. It occurs that it consists of low-quality details. When Tom returns to Jim with a complaint, Jim responds that he had no knowledge of any defects in the washing machines he sold. Did Jim 's conduct constitute fraud? Explain your answer. What is the difference between fraud and negligent misrepresentation?
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