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 twoyears with the same tenants.The entire sale was handled through Realtors and Don never met with George. Georgetook 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 thatthe house was sold as is. The contract also contained a clause stating that any actions onthe contract had to be commenced within one year of the possession date.Fourteen months after George took possession, he noticed that the floorboards coveringthe basement concrete floor were loose. He tore up those boards and discoveredextensive rot in the underlying boards. He also discovered substantial cracks in theconcrete foundation. The basement tenant advised that while Don owned the house, Doncompleted extensive repairs to the basement ceiling and some of the drywall covering thebasement walls.George sued Don asking for rescission of the contract or, in the alternative, damages andalleges 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 buildingrubble.For this assignment EACH person must prepare and hand in an essay forassessment by the instructor. The essay will consist of an introduction of relevantfacts, 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 usingLawSource or Canlii (canlii.org). Each essay must have a concluding section thatsummarizes the relevant law as it applies to the context of the facts of this case. Therelevant cases should each illustrate a different legal principle that helps one or allsides of the case. The essay should be written so as to elucidate both (or all) sides ofthe case. The concluding section should try to convince the reader how the relevantlaw 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 bepresented as a group consisting all of the persons that selected the case that youwrote your essay about. The in class presentation will consist of a 10 to 15 minutesummary of the facts and relevant law of the case for presentation in class forassessment by your classmates.The following pages give some possible legal case precedents that may help the Plaintiff.LEGL 210 BUSINESS LAW I - CASE PROJECTS Page 7The following are comments of Professor Bora Laskin, later Chief Justice of Canada, inhis lecture, "Defects of Title and Quality: Caveat Emptor and the Vendor's Duty ofDisclosure" (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 thatdo not constitute defects of title? Here we deal with the classical notion of caveatemptor as applied to the physical amenities and condition of the propertyunrelated to any outstanding claims of third parties or public authorities such aswould impinge on the title. Absent fraud, mistake or misrepresentation, apurchaser takes existing property as he finds it, whether it be dilapidated, buginfestedor otherwise uninhabitable or deficient in expected amenities, unless heprotects himself by contract terms. In contracts for the sale of goods, a purchaseris today protected not only by such express terms as may be stipulated therein butalso by implied terms - for example, there is an implied condition ofmerchantability in case of a sale of goods by description and an implied conditionof reasonable fitness for a particular purpose made known to the seller. Does thisis any way hold true in the case of sale of land? To the extent to which impliedobligations of the vendor are involved in contracts for the sale of land, to thatextent is caveat emptor in its full rigour abated.
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