Asked by Megan McDermott on Jun 10, 2024
Verified
Sam agreed to buy property from Joe to build a store of a certain design. Joe, the vendor, was aware of the design and knew that an easement across the back of the property would prevent such a building being erected, but said nothing. Sam purchased the property, later discovered the easement, and learned that Joe knew about it. He sued for misrepresentation. Discuss the likely outcome.
Misrepresentation
A false statement of fact made by one party to another, which may render a contract voidable.
Easement
A non-possessory right to use and/or enter onto the real property of another without owning it, often for a specific purpose like utilities or access.
- Acquire knowledge on the notion and effects of misrepresenting facts in contracts.
- Determine the legal compensations for individuals misrepresented and comprehend how these compensations differ with the nature of misrepresentation.
Verified Answer
WS
Waqar SaleemJun 11, 2024
Final Answer :
Sam will lose. Joe was under no obligation to tell him about the mistake. Silence or non-disclosure will not amount to a misrepresentation unless there is some sort of specialized obligation or relationship existing between the parties, which was not the case here.
Learning Objectives
- Acquire knowledge on the notion and effects of misrepresenting facts in contracts.
- Determine the legal compensations for individuals misrepresented and comprehend how these compensations differ with the nature of misrepresentation.
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