Unit 3 - Case Study Assignment Respond to the following scenario: Jessica Ortega had been a caregiver for Alberto Garza's eighty-year-old mother, Norie, for nine years. Shortly before Norie passed away, Jessica convinced Norie to buy Jessica's house for Alberto. The elderly women died before the papers were signed, however. Four months later, Alberto used his inheritance to buy Jessica's house without having it inspected. The house was built in the 1950s, and Jessica said it was in "perfect condition." Nevertheless, one year after the purchase, the basement started leaking. Alberto had the paneling removed from the basement walls and discovered that the walls were bowed inward and cracked. Alberto then had a civil engineer inspect the basement walls, and he found that the cracks had been caulked and painted over before the paneling was installed. He concluded that the "wall failure" had existed "for at least thirty years" and that the basement walls were "structurally unsound." Using the information presented in Chapter 14, answer the following questions. 1. Can Alberto obtain rescission of the contract based on undue influence? If the sale to Norie had been completed before her death, could Norie have obtained rescission based on undue influence? Explain. 2. Can Alberto sue Jessica for fraudulent misrepresentation? Why or why not? what element(s) might be lacking? 3. Now assume that Jessica knew that the basement walls were cracked and bowed and that she had hired someone to install paneling before she offered to sell the house. Did she have the duty to disclose this defect to Alberto? Could a court find that Jessica's silence in this situation constituted misrepresentation? Explain. 4. If Jessica knew about the problem with the walls but did not know that the house was structurally unsound, could she be liable for negligent misrepresentation? Why or why not? 5. Can Alberto avoid the contract on the ground that both parties made a mistake about the condition of the house? Explain