Question 1 (10 points)

Desiree posted a number of rare vinyl records for sale on Facebook Marketplace. Daniel emailed Desiree to inquire if she would be willing to sell her entire record collection (consisting of about 50 records advertised as being in "mint" condition). After some back and forth, Desiree agreed to sell her entire collection for $3,000 total. The parties agreed that Daniel would pick up the records from Desiree's house. When Daniel arrived at Desiree's home, he briefly scanned the records in their box before paying Desiree via Interac money transfer. Once he was home, Daniel decided to play one of the records and found that it was scratched so badly that it would not play. To his dismay, almost all of the records were in terrible condition. Based on market research, Daniel knew that he could have resold a record collection of this caliber (assuming the records were in good condition) for at least $5,000. To make matters worse, Daniel is kicking himself for not checking Desiree's reviews on Marketplace, which would have revealed her to be an unreliable seller. Desiree admitted to Daniel that she may have "oversold" the condition of the records; however, she is refusing to return Daniel's money, saying "a deal's a deal". Daniel wants to sue Desiree for the tort of deceit.

Will Daniel's claim against Desiree in the tort of deceit be successful? Do you have enough information to make that determination? Explain the elements of the tort and apply them to this case. [4 points]

Daniel is seeking compensatory and punitive damages against Desiree. Do you think Daniel will be successful under either category of damages? Explain why or why not. Are there any aspects to Daniel's conduct in making the purchase that could impact his potential damages award? [4 points].

Daniel wants to sue Desiree for a total of $10,000 in damages, plus costs. What would be the appropriate court to hear his case? Explain your answer. [2 points]