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Case Project 2 : Don sold his revenue house to George. The house is a bungalow with a basement suite. At the time of the sale, both rental units in the house were rented and had been for two years...

Case Project 2 :
Don sold his revenue house to George. The house is a bungalow with a basement suite.
At the time of the sale, both rental units in the house were rented and had been for two
years with the same tenants.
The entire sale was handled through Realtors and Don never met with George. George
took two hours to inspect the property before making the offer to purchase.
Don and George both signed a standard real estate board house sale contract that said that
the house was sold as is. The contract also contained a clause stating that any actions on
the contract had to be commenced within one year of the possession date.
Fourteen months after George took possession, he noticed that the floorboards covering
the basement concrete floor were loose. He tore up those boards and discovered
extensive rot in the underlying boards. He also discovered substantial cracks in the
concrete foundation. The basement tenant advised that while Don owned the house, Don
completed extensive repairs to the basement ceiling and some of the drywall covering the
basement walls.
George sued Don asking for rescission of the contract or, in the alternative, damages and
alleges misrepresentation innocent, negligent or fraudulent in the quality of the house.
George in effect alleges that he was not sold a house at all, but rather a pile of building
For this assignment EACH person must prepare and hand in an essay for
assessment by the instructor. The essay will consist of an introduction of relevant
facts, a synopsis of the relevant law that will include reference to 3-5 relevant cases
(quote all cases using APA or MLA legal citation style) that you found using
LawSource or Canlii ( Each essay must have a concluding section that
summarizes the relevant law as it applies to the context of the facts of this case. The
relevant cases should each illustrate a different legal principle that helps one or all
sides of the case. The essay should be written so as to elucidate both (or all) sides of
the case. The concluding section should try to convince the reader how the relevant
law is to be applied to the particular facts of the case.
You will also make a presentation in addition to the essay. The presentation will be
presented as a group consisting all of the persons that selected the case that you
wrote your essay about. The in class presentation will consist of a 10 to 15 minute
summary of the facts and relevant law of the case for presentation in class for
assessment by your classmates.
The following pages give some possible legal case precedents that may help the Plaintiff.
The following are comments of Professor Bora Laskin, later Chief Justice of Canada, in
his lecture, "Defects of Title and Quality: Caveat Emptor and the Vendor's Duty of
Disclosure" (1960), Law Society of Upper Canada, Special Lectures, p. 389 at pp. 403-4,
as follows:
Does the vendor have any duty of disclosure in matters of quality and fitness that
do not constitute defects of title? Here we deal with the classical notion of caveat
emptor as applied to the physical amenities and condition of the property
unrelated to any outstanding claims of third parties or public authorities such as
would impinge on the title. Absent fraud, mistake or misrepresentation, a
purchaser takes existing property as he finds it, whether it be dilapidated, buginfested
or otherwise uninhabitable or deficient in expected amenities, unless he
protects himself by contract terms. In contracts for the sale of goods, a purchaser
is today protected not only by such express terms as may be stipulated therein but
also by implied terms - for example, there is an implied condition of
merchantability in case of a sale of goods by description and an implied condition
of reasonable fitness for a particular purpose made known to the seller. Does this
is any way hold true in the case of sale of land? To the extent to which implied
obligations of the vendor are involved in contracts for the sale of land, to that
extent is caveat emptor in its full rigour abated.

Oct 07, 2019

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