Question
A group of business partners decided to look for land on which to build a motel and gas station. They identified a promising parcel of
A group of business partners decided to look for land on which to build a motel and gas station. They identified a promising parcel of land in Yellowhead County. Both the county and the business partners were aware that a landfill had once existed in the area where this parcel of land was located. Prior to selling the land, the county commissioned a report confirming that the land had been previously used as a landfill. Nevertheless, the report concluded that the sale could go ahead with the land to be sold "as is." The county put the land on the market and the business partners purchased it. The partners never made any inquiries as to the state of the land and did not see the report prior to purchasing the land. In fact, it was only after the sale was complete that they learned from the provincial environment ministry that the land was not suitable for development. The business partners sued the county for fraudulent misrepresentation for its failure to show them the report. The county claimed caveat emptor ("buyer beware"), stating that there was no misrepresentation as the land was sold "as is."
Is the contract voidable due to misrepresentation?What is applicable law as per Canadian business law?
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