Bla Bla Bla Blah wrote:Doobydoobydoo wrote:cgc210 wrote:Can anyone please remind me what the first part of the question with Prof responsibility was about? I cannot remember for the life of me
Yes it was about rescission of a contract for a commercial warehouse. The contract was rescindable for fraud.
Fraud would require an intentional misrepresentation that was material to the transaction, reliance, damages. He never misrepresented a thing. He only said that he never had a problem, which was entirely true. However, me may have omitted information since, while the roof was not faulty at the time, he knew that it likely would be in the future. He only had a responsibility to disclose known existing latent defects, and its questionable as to whether a latent defect that had not yet materialized qualified. She accepted quitclaim, which affects whether the possibility of a faulty roof materially affected the contract. If his omission materially affected the contract, then she may have been able to rescind as there could not have been a meeting of the minds. Unlikely in an "as is" contract. Also, once the sale is complete, the right to rescind generally vanishes, and damages are the only remedy--unless fraud, which again, required a misrepresentation. I don't think she could have rescinded. She might be able to recover expectation damages.
For some reason, I keep revisiting that dumb question in my head... Was it fraud or not? I seemed pretty confident at the time, but then again, what you wrote seems right too. But then I remembered why it was fraud (or at least why I thought it was at the time). She asked "how's the roof?" And then he said "I've never had a problem with it." Yes, this is not technically a literal misrepresentation, because up to that point, he had not had a problem. But in substance, it is a misrepresentation. She was asking about the condition of the roof and the seller knew what she meant. The seller knew that the roof was old, and about to give out to leaks. By saying "I've never had a problem with it," he deliberately misrepresented the condition of the roof by implying that it was fine, and would be for the foreseeable future, when in reality, he knew the roof was not fine, and going to give out soon. So overall, it was fraud. I think...
As for coming back here, I was happy to leave this forum behind for a bit. I wondered then as I do now if I was making myself sick with worry by taking in everyone's thoughts, opinions, and reflections. But II've learned while maybe for some, the experience of coming on here and reading posts is potentially mind wrenching, for me, sometimes, it really helps. I like seeing that I'm not alone in my uncertainty, and that there are other smart people who went through this horrible experience with me, and I like that we're in some sense rooting for each other. We can't all pass, and we each hope desperately that we'll pass individually, but I think it's fair to say that nobody for the most part wishes failure upon anyone. I'm rooting for everyone here. I didn't pass in July, and it did hurt. It helped me to see the posts of others who had mustered the strength to pick themselves up and do battle again. Most of the interactions I've seen here have been quite supportive. We may disagree with each other over issues or what not, but for me, it's helpful to see how others have approached these question. But more than that it's like, who else do we have to commiserate with about this? Who else gets what we're going through? I don't mind admitting that I'm scared, and that it helps to share.