Question
answers need to be in paragraph form. What is a quality response? It is one that that is thorough containing information from the textbook, New
answers need to be in paragraph form. What is a quality response? It is one that that is thorough containing information from the textbook, New York Cases, or other appropriate source that demonstrates knowledge of the subject matter. Written responses should be thoughtful and instructive. You need to treat these essays as "take-home, open-book exams", which require well organized, thorough responses. Remember, even if you give a short correct response, others will give longer well-documented answers with examples, and your short answer will not earn full credit.
152. Fraudulent Misrepresentation. Grano owns a forty-room motel on Highway 100. Tanner is interested in purchasing the motel. During the course of negotiations, Grano tells Tanner that the motel netted $30,000 during the previous year and that it will net at least $45,000 the next year. The motel books, which Grano turns over to Tanner before the purchase, clearly show that Granos motel netted only $15,000 the previous year. Also, Grano fails to tell Tanner that a bypass to Highway 100 is being planned that will redirect most traffic away from the front of the motel. Tanner purchases the motel. During the first year under Tanners operation, the motel nets only $18,000. At this time, Tanner learns of the motels previous low profits and the planned bypass. Tanner wants Grano to return the purchase price. Discuss fully Tanners probable success in getting his funds back. (See Fraudulent Misrepresentation.)
153. Voluntary Consent. Discuss whether either of the following contracts will be unenforceable on the ground that voluntary consent is lacking: Simmons finds a stone in his pasture that he believes to be quartz. Jenson, who also believes that the stone is quartz, contracts to purchase it for $10. Just before delivery, the stone is discovered to be a diamond worth $1,000. (See Mistakes.) Jacobys barn is burned to the ground. He accuses Goldmans son of arson and threatens to have the prosecutor bring a criminal action unless Goldman agrees to pay him $5,000. Goldman agrees to pay. (See Duress.)
155. Fraudulent Misrepresentation. Charter One Bank owned a fifteen-story commercial building. A fire inspector told Charter that the buildings drinking-water and fire-suppression systems were linked, which violated building codes. Without disclosing this information, Charter sold the building to Northpoint Properties, Inc. Northpoint spent $280,000 to repair the water and fire-suppression systems and filed a suit against Charter One. Is the seller liable for not disclosing the buildings defects? Discuss. [Northpoint Properties, Inc. v. Charter One Bank, 2011 -Ohio- 2512 (Ohio App. 8 Dist. 2011)] (See Fraudulent Misrepresentation.)
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