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ADMS2610 notes

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Administrative Studies
ADMS 2610
Robert Levine

aA has just offered to buy Bs boat for20000In telling A accepts the offer B also tells him that the boat is in great condition something that B knows is not trueWhen the contract is prepared it only refers to the boat and not Bs stamen Of course when A gets the boat he finds is in need of substantial repairsA wants to return the boat and get his money backAdvise A providing your reasonsThe answer can be approached in two ways based on different principles of contract law see Parole evidence rule and MisrepresentationA wont be successful in this action because A accepted the offer regardless of the extra condition Moreover the extra condition was made without fresh consideration and the general rule is no consideration means no contract Therefore the original contract with the past consideration prevails Bs boat for 20000 since no fresh consideration was madeAlso the parole evidence rule is present which states that evidence outside the agreement but related to it will not be admitted to add to vary or contradict the terms of a written agreement Here the extra condition was not part of the written agreementHowever A can claim that there are exceptions to this rule and one is present here There is an alleged problem with the formation of the contract a fraudulent misrepresentation was made by B about the condition of the boat therefore the contract should be voidable and rescission should be applied Nonetheless B can argue that mi
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