Question
Please help me with the following question about Business Law: In January 2020, Donald decided to retire. He posted an advertisement in the East Evening
Please help me with the following question about Business Law:
In January 2020, Donald decided to retire. He posted an advertisement in the East Evening Post to offer to sell his business. The advertisement states that his business had been profitable with more than 1,000 corporate clients and that the average monthly revenue was about $3 million. His business had some good contracts with American multinational company, Orange Inc. Emma, his former girlfriend, told Donald that she was interested in buying the business.
Emma had not met Donald for more than 10 years after Donald went to jail because he was convicted of falsifying documents. Emma was happy to know Donald had successful business in manufacturing and exporting the children toys. Donald was also delighted to tell Emma that his business performance had been running well and its financial position had been rosy. Donald showed her around the factory. Emma felt amazed when she saw that Donalds factory was very big with innovative machinery equipment in his factory. Emma said Wow! You are so smart to buy all these innovative machines which are useful for production. Donald nodded and winked at Emma. Donald then showed Emma the accounting documents for the last five years, several contracts of outstanding orders for future shipments and even the debts owed to the business.
After Emma visited Donalds factory and scanned the account, Emma believed that Donalds business would have great potential for future development as he said. In February 2020, she signed the contract to buy the business for $50 million.
Emmas boyfriend, Ronald, was the accountant student of PolyU. He checked all copies of the accounting documents. He pointed out that the balance sheets are not clean but riddled with inaccurate items. He said that Donalds business was not as good as Emma thought.
After running the business for 5 months, Emma found that Donald never had 1,000 corporate clients as mentioned in the advertisement and the average monthly revenue is just $800,000.
Emma also discovered that Donald borrowed innovative machinery equipment which would be returned to the supplier after three months. Moreover, before Emma signed the contract, one of Donalds debtors, Lesla, had wound up in December 2019 and owed Donald $10 million. Emma asked Donald why didnt you tell me that Lesla owed you $10 million? Donald reluctantly responded and said Didnt I tell you? I thought you have read the news about the winding-up of Lesla in December 2019.
Required:
Advise Emma as to her legal position and any remedies available.
Use case law and ordinance to support your answers.
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