In negotiations for the purchase of a ranch, Adler (the seller) discussed water rights with Folt, the buyer. Adler never mentioned an on-going dispute she had over such
rights with a neighboring rancher. After the purchase, Folt realized that he had "bought a lawsuit" when his neighbor sued him over the water rights. In turn, he therefore sued Adler for rescission of their contract.
Who will win and why?
Folt will win. She left out material facts. That makes the decision easier for the judge. Rescission will be granted.
ReplyDeleteFolt will win. She left out the material facts. It makes the decision easier for the judge. Rescission will be granted.
ReplyDeleteFolt woud win because of the fact that she didnt tell him the material facts about the ongoing problem.
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