Questions: A car dealer sells a vehicle stating it has never been in an accident, though the dealer didn't check the history and it had been in an accident. What of the following is true? The car dealer committed the tort of intentional infliction of emotional distress on the customer because car buying is always stressful. The car dealer did not commit a tort, because when purchasing a car, a customer always takes the risk. The car dealer committed the tort of negligent misrepresentation. The car dealer committed the intentional tort of fraudulent misrepresentation.

The answer is: The car dealer committed the tort of negligent misrepresentation.

Explanation for each option:

1. The car dealer committed the tort of intentional infliction of emotional distress on the customer because car buying is always stressful.

   • This is incorrect. Intentional infliction of emotional distress requires extreme and outrageous conduct that intentionally or recklessly causes severe emotional distress. Simply selling a car without checking its history does not meet this standard, and the stress of buying a car is not sufficient to claim this tort.

2. The car dealer did not commit a tort, because when purchasing a car, a customer always takes the risk.

   • This is incorrect. While there is some risk involved in purchasing a car, dealers have a duty to provide accurate information about the vehicles they sell. Misrepresenting the condition of a car, even negligently, can constitute a tort.

3. The car dealer committed the tort of negligent misrepresentation.

   • This is correct. Negligent misrepresentation occurs when someone provides false information without exercising reasonable care to ensure its accuracy, leading to another party's reliance on that information to their detriment. In this case, the dealer failed to check the car's history and inaccurately stated it had never been in an accident.

4. The car dealer committed the intentional tort of fraudulent misrepresentation.

   • This is incorrect. Fraudulent misrepresentation requires intentional deceit, meaning the dealer knowingly made a false statement with the intent to deceive the buyer. Since the dealer did not check the history, there is no evidence of intentional deceit, only negligence.