Next Generation Bar Exam Quiz
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A seller of a restaurant franchise tells a prospective buyer, "Our average franchisee makes $250,000 a year." The seller knows this statement is false and makes it to persuade that prospective buyer to purchase. The prospective buyer later tells her brother, who is separately considering buying a franchise from the same seller, what the seller said. The brother buys a franchise, relying on his sister's report. The franchise fails, and the brother sues the seller for fraudulent misrepresentation.
Which issue is most significant in evaluating the brother's claim?
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