![]() Did she have a duty to disclose this defect to Marta? Could a court find that Chelene's silence in this situation constituted misrepresentation? Explain.Ĭan Marta sue Chelene for fraudulent misrepresentation? Why or why not? What element or elements might be lacking?Ĭan Marta avoid the contract on the ground that both parties made a mistake about the condition of the house? Explain. Now assume that Chelene knew that the basement walls were cracked and bowed and that she had hired someone to install paneling before she offered to sell the house. He concluded that the "wall failure" had existed "for at least thirty years" and that the basement walls were "structurally unsound." Using the information presented in the chapter, answer the following questions.Ĭan Marta obtain rescission of the contract based on undue influence? If the sale to Janis had been completed before her death, could Janis have obtained rescission based on undue influence? Explain. Marta then had a civil engineer inspect the basement walls, and he found that the cracks had been caulked and painted over before the paneling was installed. Marta had the paneling removed from the basement walls and discovered that the walls were bowed inward and cracked. The house was built in the 1950 1950 1950 s, and Chelene said it was in "perfect condition." Nevertheless, one year after the purchase, the basement started leaking. Four months later, Marta used her inheritance to buy Chelene's house without having it inspected. Janis died before the papers were signed, however. Shortly before Janis passed away, Chelene convinced her to buy Chelene's house for Marta. Using the information presented in the chapter, answer the question.Īre the basic elements of consideration present in the neighbor's promise to help John reassemble the garage? Why or why not?Ĭhelene had been a caregiver for Marta's elderly mother, Janis, for nine years. ![]() Once the disassembled building has been moved to John's property, however, the neighbor refuses to help John reassemble it as he originally promised. In his rush to acquire a larger workspace, he turns down several lucrative repair jobs. John spends every day for a week working with his neighbor to disassemble the building. Despite not being an on-screen individual her talent is widely recognized in the film industry and now her personality has grown to reach the attention of many people. They agree to have the entire job completed within two weeks. Marta Goldstein was one of the behind-the-scenes members of NCIS: New Orleans since 2014 however she died at the age of 57 in November 2020. If John will help him dismantle the garage, which will take a substantial amount of time, he will help John reassemble it after it has been transported to John's property. The neighbor accepts John's payment and makes a generous offer in return. John contacts the neighbor and offers to buy the building, hoping that it can be dismantled and moved to his own property. Driving by a neighbor's property, he notices a for-sale sign on a large metal-sided garage. ![]() John operates a motorcycle repair shop from his home but finds that his business is limited by the small size of his garage.
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