Question
Chan is a relatively new owner of a large strawberry farm. He wants to move back from the countryside to the city to start up
Chan is a relatively new owner of a large strawberry farm. He wants to move back from the countryside to the city to start up a small grocery store so his children can be close to their schools. One afternoon Peter comes to see Chan's farm as Peter is interested in purchasing some farm land to expand his cattle business. Peter asks Chan how many cattle Chan thinks Peter can graze on the land. Chan says about 5000 cattle. Based on this assessment Peter agrees to buy the land from Chan and they both sign the contract for sale of the farm. After a year of installing sheds and other cattle farming equipment, Peter transports his cattle to the farm and realizes it can only hold 3000 cattle. Peter comes to you and asks you whether he can sue Chan. (a) Advise Peter whether he can sue Chan. (b) Would your advice differ if Peter had asked his friend Dave (a cattle farm expert) to inspect the farm's capacity before signing the contract. (c) Assuming that misrepresentation is proved and Chan had knowledge of the land's cattle farming capacity form the previous owner (who told Chan that the farm was able to hold 5000 cattle), what remedies would be available to Peter? Use case law and ordinance to support your answers.
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