a. Was there any fraud or misrepresentation on the part of the Resort? Note that, according to
Question:
a. Was there any fraud or misrepresentation on the part of the Resort? Note that, according to the Tepper text (p.103), if there has been fraud (or a misrepresentation of a material fact), the contract is voidable by the innocent party. It does not have to rise to the level of a deliberate, intentional fraud.Was the Resort's failure to disclose the absence of an inspection certificate a misrepresentation?
b. If the Resort had a duty to disclose the absence of the ski lift inspection certificate, would the Resort also be obligated to specifically disclose to the Trumpets in advance if the elevator certificate was not current, or if the kitchen did not have a current health department certificate?
c. If there was a simple misrepresentation (with no intent to deceive rising to the level of fraud), discuss how the misrepresentation is material (i.e., did it go to the heart of the transaction)? Would knowing that the ski lift did not have an inspection certificate have caused the Trumpets not to accept the invitation to attend? Consider that they showed up in business, party and casual clothes, not ski clothes.
d. Or, would knowing that the ski lift did not have an inspection certificate have caused the Trumpets not to ride the ski lift?
Smith and Roberson Business Law
ISBN: 978-0538473637
15th Edition
Authors: Richard A. Mann, Barry S. Roberts