Case Problem:
1. Intentional Concealment
Gortino, while trying to sell his house to Stein, was asked if he had ever seen or suspected termites in the house. Gortino replied that he had not, and that the house was sound. Several months after Stein had purchased the house, she learned from neighbors that Gortino had paid for soil treatment to eliminate termites.
- Can the contract for sale be canceled because of fraud?
- Was there a misstatement of a material fact?
- Did Stein suffer a loss as a result of Gortino’s actions?
- Can Stein sue for damages?
2. Promissory Estoppel
Research the doctrine of promissory estoppel online. Use an actual case to help you discuss the following questions:
Promissory estoppel is a legal doctrine used in American law. Promissory estoppel permits a party to recover on a promise even if it was made without consideration. Basically it prevents a person from arguing that his or her promise should not be maintained. It also requires that reliance on the promise was reasonable, and that the person trying to enforce the promise actually relied on the promise to his or her loss.
Kirksey v. Kirksey
- How does this doctrine act as an exception to the elements and requirements of a contract?
- Why does this doctrine exist?
- Did the court reach the proper decision in the case you discussed?