how do I reword this? the complaint is it's too formal. Application: In this case, the Harphams
Question:
how do I reword this? the complaint is it's too formal.
Application: In this case, the Harphams hired Big Moose Home Inspections, Inc. to inspect their home in 2010. Three years later when the Harpham's began to move into their home, they became aware of some cosmetic and structural damages to the home in which they felt their home was not habitable. Mr. and Mrs. Harpham claim they would have not moved into the home if they knew about the issues. In February 2014, the Harpham's filed a lawsuit against Big Moose Home Inspection, Inc. Under the contract provided by Big Moose Home Inspections, Inc. and electronically signed by Mr. Harpham any legal action must be brought within a year of signing. The Harphams argue that the agreement was oral and expressed no limitations regarding any future legal action and they never agreed to the terms in the written agreement electronically signed by Theodore Harpham. The did not provide any evidence to indicate that Mr. Harpham did not sign the contract electronically.
In this case, the court reviewed the evidence that documented the electronic process where the Harphams had the opportunity to review the contract and affirmatively consented to signing electronically. They held that the electronic process met the requirements of the statutes and the contract providing for a one year limitation on bringing suit was binding.
Conclusion: The court held that the evidence established that the process for electronically signing created a binding contract. The language in the contract prohibits plaintiffs from being claims that occur more than a year after the agreement was executed. The claim filed by the Harpham's was barred due to being filed after the one-year period set forth by Big Moose Home Inspections, Inc. The case was reversed and remanded to the trial court for entry of an order of summary disposition.
Foundations of Financial Management
ISBN: 978-1259024979
10th Canadian edition
Authors: Stanley Block, Geoffrey Hirt, Bartley Danielsen, Doug Short, Michael Perretta