Julian wants to sell his car. He offers to sell his car to Louis for $3,000. Julian purchased the car from a friend a couple of years earlier for $8,000; as far as Julian knows, the car has never been in an accident.

Julian wants to sell his car. He offers to sell his car to Louis for $3,000. Julian purchased the car from a friend a couple of years earlier for $8,000; as far as Julian knows, the car has never been in an accident. The friend he bought it from did not mention the car ever having been in an accident, so Julian assumes that it has not.

Louis specifically asks Julian if the car has ever been in an accident, and says it is very important to him to know.  Julian tells Louis that the car has not been in an accident.

In fact, the car was almost completely totaled about a year before Julian purchased it. Julian’s friend did not disclose the accident because Julian had never asked.

Louis agrees to buy the car for the full asking price and he signs a contract with Julian. Later, a mechanic discovers that the car has significant damages stemming from the previous accident.

This invalid assent is best described as 

a) misrepresentation 

b) fraud

c) puffing 

d) undue influence