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Melania hires Gia to do a home inspection on the new house she is about to purchase. Gia is a professional home inspector and has
Melania hires Gia to do a home inspection on the new house she is about to purchase. Gia is a professional home inspector and has multiple years of experience in this field, which is the reason Melania hired her services. Gias report did not present any issues with the property, and because of this Melania purchased the property. Not too long after she moved in and the day of her housewarming party, she discovered many issues, such as holes in the walls, cracks in the flooring, and the attic caving in None of these defects had been written in the report. When Gia shows up for the housewarming, Melania tells her she is an awful home inspector and that no one should ever hire her in front of a group of party attendees. She then tells her to get off her property, which she does; and that she will see her in court. Explain what tort claims may be brought forward by the parties in this scenario, the arguments that can be used in defence and the possible liability which might be imposed. CASE # Marks Tom and Ben are considering opening a bar together as business partners. They have been best friends for years, and do not have any business experience. When Tom is reviewing the agreement, his wife Kat, who is the primary provider for their home tells Tom that he must sign the agreement. He feels because of this he must sign, and so he does. Ben is reviewing his agreement in front of his sister, Allison. Allison is very invested in this project because she believes she can have many free events for her company and tells Ben if he does not sign the agreement, she will tell his wife about his mistress. As soon as she says this, Ben grabs the pen and signs the agreement, even though he and his wife have been on rocky ground for quite some time. Tom and Ben later review with their lawyers separately. Upon the advice of the lawyers, Tom decides to rescind his signature, and Ben still goes forward with his. Because Tom did not want to go forward with the agreement, it did not proceed. Allison is very angry about this and tries to sue Tom. Explain what contract issues in this scenario, the arguments that can be used in defence.
Melania hires Gia to do a home inspection on the new house she is about to purchase.
Gia is a professional home inspector and has multiple years of experience in this field,
which is the reason Melania hired her services.
Gias report did not present any issues with the property, and because of this Melania
purchased the property. Not too long after she moved in and the day of her
housewarming party, she discovered many issues, such as holes in the walls, cracks in
the flooring, and the attic caving in None of these defects had been written in the
report.
When Gia shows up for the housewarming, Melania tells her she is an awful home
inspector and that no one should ever hire her in front of a group of party attendees.
She then tells her to get off her property, which she does; and that she will see her in
court.
Explain what tort claims may be brought forward by the parties in this scenario,
the arguments that can be used in defence and the possible liability which might
be imposed.
CASE # Marks
Tom and Ben are considering opening a bar together as business partners. They have
been best friends for years, and do not have any business experience. When Tom is
reviewing the agreement, his wife Kat, who is the primary provider for their home tells
Tom that he must sign the agreement. He feels because of this he must sign, and so he
does.
Ben is reviewing his agreement in front of his sister, Allison. Allison is very invested in
this project because she believes she can have many free events for her company and
tells Ben if he does not sign the agreement, she will tell his wife about his mistress. As
soon as she says this, Ben grabs the pen and signs the agreement, even though he and
his wife have been on rocky ground for quite some time.
Tom and Ben later review with their lawyers separately. Upon the advice of the lawyers,
Tom decides to rescind his signature, and Ben still goes forward with his.
Because Tom did not want to go forward with the agreement, it did not proceed. Allison
is very angry about this and tries to sue Tom.
Explain what contract issues in this scenario, the arguments that can be used in
defence.
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