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!
