Question
Maryse and Janelle have entered into a contract for the purchase of a used vehicle. Unfortunately, Maryse thinks she is selling her late husband's 2014
Maryse and Janelle have entered into a contract for the purchase of a used vehicle. Unfortunately, Maryse thinks she is selling her late husband's 2014 Volkswagen Jetta with 117,000 kms on the odometer.Janelle has sent Maryse a deposit of $3,000, or 50% of the agreed-upon purchase price for the vehicle.
Maryse has gone out to clean up the vehicle and bring it out of the garage prior to Janelle's arrival later that day. Maryse gets inside the vehicle and as she starts it up, she notices that the vehicle in fact, has 171,000 kms on the odometer. Which of the following is true?
A. | Maryse has no obligation to let Janelle know about her discovery as the concept of caveat emptor or "buyer beware" applies to Janelle's decision to purchase the vehicle. | |
B. | Janelle's only option would be to establish that she was unable to appreciate the nature of the contract due to diminished capacity. | |
C. | Maryse can simply ask a court to change the description of the vehicle in the contract to include the correct number of kms. | |
D. | Maryse should immediately advise Janelle that the vehicle has significantly more kms on the odometer, otherwise, Janelle may be able to void the contract. | |
E. | Janelle has provided consideration and as such, the law will not protect her from a "bad deal". |
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