Indiana Tech Law School opened in 2018. The School advertised that they were the "cutting edge" of law schools and that they were charging a higher tuition of $34,000.00 per semester, because all their faculty had significant legal experience. Furthermore, Indiana Tech promised first year law students that they could guarantee placement in the job marked after law school, if that student passed the bar exam, due to their highly experienced faculty. Zach Smith decided to go to law school and selected Indiana Tech due to their advertisement, forgoing a scholarship opportunity at IU Law. Zach promised to attend Indiana Tech Law School and paid the $34,000.00 tuition. Indiana Tech promised to teach him law in exchange for his tuition. Zach would have received a $25,000.00 scholarship. After Zach's first semester of law school, Indiana Tech announced that they were closing due to "unforeseen financial difficulties." Zach was very upset. If it was discovered that none of the Faculty at Indiana Tech Law School had significant legal experience, Zach may be successful under fraudulent misrepresentation, if he successfully alleges that;

a. The statement made by Indiana Tech Law School that their faculty had significant legal experience was a misstatement of fact.

b. Zach would not prevail as there is no consideration.

c. Zach would be successful without alleging damages.

d. Zach must allege that he was in situation where he free will was overcome.