Project Description:

task - written task #2
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 finance department at glendora bmw. glendora bmw sells jack a car. 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.

you must use the 5-element rule on page 200. all five of these elements make up one rule. this “one” rule must be used as your irac rule and also used to prepare your “irac” analysis based upon the facts given in this task. if you fail to use the 5-element rule you will not receive credit on this task. no exceptions. do not state the 5-element rule and then do an analysis on a different rule. likewise, do not use an incorrect rule and use the correct 5-element rule in your analysis. students that analyze a different rule or use the incorrect rule will not receive credit. do not use the rule provided in exhibit 8-4. if i see this rule anywhere in your paper you will not receive credit. i also don’t want to see the following statement in your “rule” or “analysis”: “occurs when a party uses intentional deceit to facilitate personal gain.” this is not the rule and if i see this as your rule or as a part of your rule you will not receive credit! please follow these instructions; i don’t like giving students zeros on these tasks. please note that element #3 of the rule uses the words “reasonably relied” students must substitute the words “justifiably relied”. when someone is justified in relying on someone else’s representation this means that there was really no other way to substantiate the person’s claim/statement or it would be very difficult to substantiate the claim/statement. do not outline your analysis!

hint: your rule should start off like this:


someone knowingly, or with reckless disregard for the truth . . .”
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