Question
Sam attended the soft launch of the sales of Twins, an elite new condominium located in the prestigious Marina Bay area. At the launch, a
Sam attended the soft launch of the sales of Twins, an elite new condominium located in the prestigious Marina Bay area. At the launch, a brief presentation of Twins was made to the attendees by the developer. Among other things, Twins was described to be within 2 kilometres in radius from the premier primary school in the Downtown area. Sam hopes to enrol his son in that school. Staying near the school will greatly increase his chance of getting his son a place in the premier school. Sam immediately paid a deposit and signed the Sale and Purchase Agreement for a unit of Twins. Sam could have checked with the school if the Twins would be within 2 kilometres but he did not do so before signing the agreement.
Subsequently, Sam finds out that Twins is situated beyond the 2 kilometres radius from the school. When Sam checks the Sale and Purchase Agreement, there is no mention that Twins is within 2 km in radius from the premier school. Sam regrets buying the condominium unit. Sam now wishes to bring an action against the developer for misrepresentation.
Required
- Has the developer made any false statement (or statements, if more than one) that is/are capable of giving rise to operative misrepresentation?
- What type of misrepresentation is the developer guilty of?
- Assume that developer is guilty of a negligent misrepresentation. Can Sam ask the Court to cancel the sale and allow him to claim a refund of the purchase price?
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