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Before signing a contract for the sale of his house, Geraldine (the buyer) asked Trevor (the seller) whether the storm water drains were in order.
Before signing a contract for the sale of his house, Geraldine (the buyer) asked Trevor (the seller) whether the storm water drains were in order. In the last house she had owned, Geraldine had found that both storm water drains were blocked, and in a terrible thunderstorm, this had caused terrible flooding in her home. She was very badly injured, and did not want the same thing to happen again. Trevor assured Geraldine that the drains were in good working order. After receiving the assurance, Geraldine signed the contract to purchase Trevor's house. The contract made no reference to the state of the storm water drains. After taking possession, Geraldine discovered that the drains were actually completely blocked and badly broken. She now has to pay to have them replaced. Which of the following statements is most likely CORRECT? Question 2Select one: a. The parol evidence rule would apply, preventing Geraldine from relying on the statement b. There was a breach of an innominate term here, and damages could be awarded because the consequences are serious c. The oral statement would be a warranty, and since it was incorrect, damages would be recoverable d. There was breach of a collateral contract here, and damages would be recoverable
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