Question

Mike is an amateur gemologist and goes to a jewelry store to purchase a diamond engagement ring. The jeweler shows Mike a diamond claiming it to be AAA grade, blue-white in color and flawless. Mike examines the diamond through a loop (the jewelers monocle) and sees that it is A grade, yellow-white in color and has several flaws. He says nothing and buys it anyway because it's a great price. After formally getting engaged, his fiancé has the ring appraised for insurance purposes and is incensed by its shoddy quality. She returns the ring to Mike breaking off the engagement. Mike has sued the jeweler:
A.The jeweler is liable for fraud because she lied about material facts.
B.The jeweler is liable for injurious falsehood because she lied about material facts.
C.The jeweler is not liable for anything because exaggerating quality is a part of the business.
D.The jeweler is not liable for anything because Mike did not rely on the jeweler's statements.

Answer

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