Henry and Ella have spent months looking for their dream home. One day the saw it and fell in love with everything about the house. They asked the Mr. Sellers, the realtor to draw up a purchase agreement, which they signed. Before signing the agreement, they asked if the house was in good shape. The real estate associate replied that it was. They signed the papers at the closing.
After moving into the house, Henry and Ella soon discovered that the roof leaked badly, each time it rained the basement flooded, the air conditioner didn't't work and the electrical wiring was prone to short out! They now want to sue Mr. Sellers.
a. What tort should they consider?
b. If they pursue a lawsuit would they win?
c. What are the possible defenses to the lawsuit that Mr. Sellers might use?
4. Define appropriation and give an example.
5. Define disparagement and give an example