Discussion 1: Mutual Agreement a. Can the put up to for sale be canceled because of fraud? Yes, Gortino had reckless disregard for the accountability and knew his statement about the termites was false. Technically, beer mug didnt even have to show; what Gortino did was intentional concealment. b. Was there a misstatement of material fact? Yes, because it is sec that influenced, in this baptistery, the buyer into acting in a sealed way or making a certain decision. c. Did stein suffer a loss as a result of Gortinos actions? There isnt enough information to decide if beer mug suffered a loss. If she ends up having termites now or in the future, has to tolerate to eliminate the termites, or finds damage to the house due to foregoing termites, then yes. d. Can Stein litigate for damages? If any of the things Ive mentioned in question c happen, yes. Stein should fulfill. Alternately, if Stein compulsions to sue G ortino for fraud to cancel the sale or come up with a different settlement, she can do that. Discussion 2: How does this doctrine act as an exception to the elements and requirements of a cheer up?
This doctrine can act as an exception because, consent to Reinstatement Section 90, the promise doesnt have to be so door-to-door in scope as to meet the requirements of an offer that would issue in a binding thrust if accepted by the promisee (Hoffman v. Red, 1967). Also, the promissor has to lodge that, upon the promise, it will induce action by the promisee. The promissor cannot hypothesize it wa snt dampen of the contract. Why does thi! s doctrine exist? The doctrine exists to cherish a person who was promised something and there is no essential elements of a contract that exists. Did the court reach the proper(a) decision in the reference you discussed? I think the court did reach the proper decision. The case was regarding a companys promise to franchise with a touch on owner of a bakery after the owner had gained experience...If you want to achieve a full essay, order it on our website: OrderCustomPaper.com
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