Question
Richard entered into negotiations with Jasmine, a property agent, for the purchase of a five-room re-sale flat in the Redhill area. Richard told Jasmine that
Richard entered into negotiations with Jasmine, a property agent, for the purchase of a five-room re-sale flat in the Redhill area.
Richard told Jasmine that the flat he wished to purchase must be free of any adverse incidentinitshistory.Inotherwords,nothingterriblemusthavehappenedinsidetheflat. Richard explained that his wife was very superstitious over suchmatters.
Two weeks later, Jasmine chanced upon a seller of a five-room flat in the Redhill area who wished to sell his flat due to a murder that occurred in that flat when it was rented outtoforeignworkers.BelievingthatRichardwouldneverknowthetruthbehindtheflat's history,JasminetookituponherselftomakefalserepresentationstoRichardinaneffort to get the flat sold to him and thereby earn hercommission.
JasminethentoldRichardthatshehadfoundaflatforhim.Afterviewingtheflat,Richard again stipulated his condition that nothing out of the ordinary should have happened in theflat.Jasmineassuredhim thatnosuchincidenthadoccurred,statingthatthecurrent owners were selling the flat because they were emigrating toAustralia.
Afterbuyingtheflatandmovingin,Richard'sneighbourtoldhimthattheformeroccupants of flat were two China nationals who were renting it while working in Singapore and that one day, during a drinking session, one killed the other in the flat. The previous owner, said the neighbour, felt that the flat carried a bad omen now and decided to sell it off. Addingfurther,theneighboursaidhewassurprisedthatRicharddidnotknowthisbefore buying theflat.
Required:
Enraged, Richard now intends to rescind the contract. Discuss the grounds upon which the contract for the sale of flat could be rescinded.
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