Misstatement of a material fact


Assignment:

Part 1

Please read the following fact patterns and address all four of the questions. Only discuss relevant issues! I am not as interested in your outcome (who will end up winning) as I am in how you use the law to support your points. Base your answer only on facts given. If additional information is needed, tell me that. Your answers should be about 200 words, in APA format

Peter, while trying to sell his house to Jasper, was asked if he had ever seen or suspected termites in the house. Peter replied that he had not, and that the house was sound. Several months after Jasper had purchased the house, she learned from neighbors that Peter had paid for soil treatment to eliminate termites.

a. Can the contract for sale be canceled because of fraud?

b. Was there a misstatement of a material fact?

c. Did Jasper suffer a loss as a result of Peter's actions?

d. Can Jasper sue for damages?

Part 2

Please read the following fact patterns and select ONE of the four to answer. Only discuss relevant issues! I am not as interested in your outcome (who will end up winning) as I am in how you use the law to support your points. Base your answer only on facts given. If additional information is needed, tell me that. Your answers should be about 200 words, in APA format

1 On April 15, Don Construction contracted to build a house for Jessup. The contract price was $55,000. The agreement contained a provision stating that the builder would deduct $1000 a day from the contract price for each day the house was not completed after August 15. It was not completed until September 15th. Don Construction refused to deduct $30,000 from the contract price. Jessup refused to sue. Don Construction sued, claiming the $1000 a day was a penalty clause, not a liquidated damages clause. Result? Discuss.

2 Able signs a contract to buy Baker's house for $100,000 "if I am able to obtain mortgage loan for $75,000, at 7% interest, payable over twenty years." Assume that Abel tries but is unable to obtain the loan, and therefore refuses to proceed with the purchase. Is Abel in breach of contract?

3 Jacks contracted to buy Helena's Island. The contract required the closing to be on May 16 at 10:00 AM at Community Title's office. It stated time was of the essence. Jacks was not there at 10:00 AM; at 10:20 AM Helena declared the contract breached and since Helena planned to use the money from Jacks to close on another property, she had to arrange alternative financing. At 10:30 AM Jacks appeared without the money. He did not tender payment until 1:30 PM, and Helena refused to accept it. Jacks sued for special performance, arguing closing sometime on the 16th would be adequate. Result?

4 Claire paid Nurse Midwifery Associates $750 for prenatal and postnatal care, and to attend the birth of her son. Although Claire received services on at least a dozen occasions, the midwife was not present at the birth because of the birth came too soon after the labor started. Claire sues for return of the money paid. Did Midwifery substantially perform the contract?

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Business Management: Misstatement of a material fact
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