Murder was committed on the premises shortly

Assignment Help Other Subject

Reference no: EM133800427

Question

During the course of January 2023, Monica bought a small house from Chandler. Unknown to Monica, a murder was committed on the premises shortly before she bought the house. At the time of purchasing the house, Monica heard rumours from local residents about the murder. Before finalising the sales agreement, Monica decides to confront Chandler about this, however, Chandler, being fully aware of the murder, denies this. After the sale and transfer of the property is finalised, Monica decides to do some renovations to the bathroom. Upon removing some of the tiles, the construction team notices that the foundation of the property is not entirely secure or level. After a laborious excavation exercise that was conducted to investigate the stability of the foundation, human remains were discovered under the house. Monica is shocked by this and, being a very superstitious person, contacts Chandler and informs him that had she known about the murder, she would not have purchased the property. Monica also wishes to cancel the sale of the property and requests a full refund of the purchase price from Chandler. Chandler refuses to refund Monica and contends that the human remains do not affect Monica's physical ability to use and enjoy the property. Monica approaches you, an attorney, for legal advice on the matter. Required: With reference to case law, fully discuss whether Monica would be able to rely on fraudulent misrepresentation to cancel the agreement of sale in the circumstances. Note to Students:

- You do not have to include a discussion on latent defects in your answer, as you may accept that Monica's use and enjoyment of the property are not necessarily affected by the uncovering of the human remains.

- Marks will be awarded for both theory and application in this question.

Reference no: EM133800427

Questions Cloud

Suitable approach for resolving their property dispute : Sam and Allison should consider these ADR methods to determine the most suitable approach for resolving their property dispute,

President is minded to appoint replacement : As the Deputy Chief Justice has indicated his intention to resign, and the Chief Justice has been told that the President is minded to appoint a replacement

Candidates for positions on constitutional court : When interviewing candidates for positions on the Constitutional Court, what attributes should the JSC be looking for in candidates,

Premier of the Western Cape : The Premier of the Western Cape, Helen Zille, complained about the increasing number of accidents caused by speeding ministerial convoys.

Murder was committed on the premises shortly : Monica bought a small house from Chandler. Unknown to Monica, a murder was committed on the premises shortly before she bought the house.

Law in absence of express agreement : Certain terms are implied by law in the absence of an express agreement between the parties dealing with such term or issue (Naturalia)

Reputation for herself as being impeccable instructor : Jo Anne mainly instructs clients from their homes and has built a reputation for herself as being an impeccable instructor.

Booking form to remove the indemnity clause : Discuss and determine whether Michael may amend the booking form to remove the indemnity clause.

Take reasonable care for own health and safety : Take reasonable care for own health and safety; comply with any reasonable instruction by the PCBU; cooperate with any reasonable policy

User Account

All Pages