Question
John agrees to lease an apartment from Dorothy. Before the signing of the contract, John asks Dorothy if the toilets in the apartment are all
John agrees to lease an apartment from Dorothy. Before the signing of the contract, John asks Dorothy if the toilets in the apartment are all working properly because he is very particular about his toilets. Dorothy assures him that they are all working properly. There is no reference to the toilets in the written contract. After moving into the apartment, John finds that none of the toilets work properly. Which of the following is most likely to be a consequence?
A.Dorothy is in breach of a collateral contract and John is entitled to damages.
B.Dorothy has breached a condition of the lease and John is entitled to terminate the contract.
C.Dorothy has committed the tort of negligence and John is entitled to damages.
D.John is not entitled to any remedy: the lease was a written and signed contract and the parol evidence rule prevents Dorothy's verbal assurance from being included as a term of the lease.
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started