Dorit and Nathaniel agree in writing that Nathaniel will buy Dorit’s laptop for $400
Dorit and Nathaniel agree in writing that Nathaniel will buy Dorit’s laptop for $400. The contract says that Nathaniel must pay the $400 in cash by 4:00 pm on November 10th. On that date and time, Nathaniel shows up at Dorit’s office with a personal cheque to pay for the laptop. Dorit wants to get out of the deal because Mariah offered to pay her $700 for the same laptop the day after the contract with Nathaniel was made. a. Can Dorit refuse to take Nathaniel’s cheque so she can then sell the laptop to Mariah? What is the principle of law involved? (2 mark) b. If Dorit refuses to give the laptop to Nathaniel, and instead sells it to Mariah, can Nathaniel bring an action in contract law against Mariah? Why or why not? Use legal terminology. ( 1 mark)
Susan was selling her cottage and showed it to Wanda. Wanda suffers from an autoimmune disorder and has several serious allergies. She was concerned about mold in the cottage and asked Susan if she had ever had a problem with mold in the past. Susan said: “Absolutely not, I can assure you that the cottage is mold free.” In fact, Susan has had several problems with mold in the past few years. Just last year she had to tear out the carpeting because of mold. She knows it is only a matter of time before the mold reappears. Wanda is satisfied with Susan’s statement and based on those assurances; she bought the cottage. The agreement of purchase and sale does not say anything about whether there is mold in the cottage. During her first week at the cottage, Wanda starts to experience respiratory problems. Her doctor believes she is having an allergic reaction to the mold in her new cottage. Wanda does some investigating and discovers from Susan’s friend that Susan was always complaining about mold at her cottage and had had several problems with mold over the years. a. Is there any legal basis on which Wanda could sue Susan? Describe the required elements Wanda would have to prove to be successful in court. (3 marks) b. Assume Wanda insists that the statement about the absence of mold be included in the written contract between Susan and Wanda. What would be the basis of Wanda’s lawsuit now? (1 mark)
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