Contractual Misrepresentation Legal Advice

Summary

Jimmy may claim a breach of collateral contract if Phillips verbal assurances about the soil and grass quality were intended to induce the contract and were relied upon. Carlito may have a strong case for misrepresentation due to false statements about the engines model year and usage, potentially seeking rescission or damages. Consulting a local attorney for personalized advice is recommended.

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The parties immediately entered into a written contract whereby Phillip would let Jimmy graze his pig on Phillip’s land in return for a fee to Phillip. However, the written contract failed to include any written terms about the quality of the soil and grass on Phillip’s land. It is later discovered that the soil and the grass on his land was of poor quality and Jimmy’s pig has been in poor health since. Advise Jimmy whether he can claim a breach of collateral contract or not.
In Jimmy's situation, he may have grounds to claim a breach of collateral contract if he can demonstrate the following:
- Phillip made a clear representation about the quality of the soil and grass.
- This representation was intended to induce Jimmy to enter into the contract.
- The representation was relied upon by Jimmy when entering the contract.
If these conditions are met, Jimmy could argue that Phillip's verbal assurances formed a collateral contract, separate from the written one. Consulting a local lawyer for tailored advice would be beneficial.
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Carlito enters into a written contract with Pachanga, a boat and marine engine dealer, to purchase a marine diesel engine for his new yacht. Pachanga tells Carlito when he first inspected the engine that it was a * Super Marine Brand which had been run for less than * hours. The engine was a * model of the Super Marine engine and it had over *,* hours of running time. Carlito paid $*,* for the engine and installed it on his yacht, but has since consulted other dealers who advised him that:
Case Rating: *
It seems Carlito might have a strong case for misrepresentation. The key points to consider are:
- Pachanga made a false statement about the engine's model year and usage.
- Carlito relied on Pachanga’s statements when purchasing the engine.
- The false representation led to financial loss.
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• the engine was a * model of the Super Marine engine; • it had over *,* hours of running time; and • It is only worth $*,*. The written contract makes no mention of the model year of the engine or of the number of hours of running time. It merely describes the brand and the size of the engine. Advise Carlito as to his remedies (if any) about the purchase?
Case Rating: *
Carlito may have a strong case for misrepresentation due to Pachanga's false statements about the engine's model year and running hours. He could potentially seek remedies such as rescission of the contract or damages for the difference in value.
Would you like to be connected to local lawyers who can better assist you with your case?
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Case Rating: *
It seems like Carlito's case might be of high value due to the potential misrepresentation involved in the engine purchase. Would you like to be connected to local lawyers who can better assist you with your case? If so, could you give me more details about the issue?