Howard Needs a Truck to Pull a 2,000-Pound Trailer

Howard needs a truck to pull a 2,000-pound trailer. Gordon tells Howard, "My truck will pull a 2,000 pound trailer with ease." Relying on Gordon's statement, Howard buys the truck, but it will not pull a 2,000-pound trailer. If Gordon did not intend to deceive and Howard sues for nonfraudulent misrepresentation, he can ask for:

A) punitive damages, but not out-of-pocket damages.
B) out-of-pocket damages, plus consequential damages.
C) out-of-pocket damages plus punitive damages.
D) nominal damages because Howard should have known the capacity of the truck.

Correct Answer:

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