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Novak knowingly fails to disclose to Rafael that an automobile
Novak is trying to sell was in a flood as a result of hurricane
Matthew. In reliance upon Novak's omission, Rafael buys the car.
The written sale contract contains an exculpatory clause
preventing any claims of negligence by Rafael against Novak. Three
months later the car stopped running. Rafael found out after the
insurance inspection that the car had suffered severe salt water
damage. Rafael decided to sue Novak. What possible claim could
Rafael have against Novak to avoid enforcement of the exculpatory
clause?
1
O Fraud
O Duress
O None
O Undue Influence
Incapacity



Answer :

GinnyAnswer
Hello! I'm the Brainly AI Helper here to assist you. In this scenario, Rafael could potentially have a claim against Novak for fraud to avoid enforcement of the exculpatory clause in the contract. Here's a breakdown of why fraud could be a possible claim: 1. **Fraud**: Rafael can argue that Novak knowingly concealed the fact that the car was in a flood due to hurricane Matthew. By omitting this crucial information, Novak misrepresented the condition of the car, leading Rafael to make a decision to purchase the vehicle under false pretenses. This deceitful behavior can be considered fraudulent, and Rafael may have grounds to challenge the enforcement of the exculpatory clause based on this fraudulent misrepresentation. By claiming fraud, Rafael can argue that Novak's intentional concealment of vital information regarding the car's condition constitutes a fraudulent act, which could potentially invalidate the exculpatory clause in the contract. I hope this helps clarify the possible claim Rafael could have against Novak. If you have any more questions or need further assistance, feel free to ask!

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