Brutus Govindasamy entered into negotiations with Joe Singh, a property agent, for the purchase of a five-room
Question:
Brutus Govindasamy entered into negotiations with Joe Singh, a property agent, for the purchase of a five-room re-sale flat in the Clementi area.
Brutus told Joe that the flat he wished to purchase must be free of any adverse incident in its history. In other words, nothing terrible must have happened inside the flat. Brutus explained that his wife was very superstitious over such matters.
Two weeks later, Joe chanced upon a seller of a five-room flat in the Clementi area who wished to sell his flat due to a murder that occurred in that flat when it was rented out to foreign workers. Believing that Brutus would never know the truth behind the flat's history, Joe took it upon himself to make false representations to Brutus in an effort to get the flat sold to him and thereby earn his commission.
Joe then told Brutus that he had found a flat for him. After viewing the flat, Brutus again stipulated his condition that nothing out of the ordinary should have happened in the flat. Joe assured him that no such incident had occurred, stating that the current owners are selling the flat because they were emigrating to Australia.
After buying the flat and moving in, Brutus' neighbour told him that the former occupants of flat were two China nationals who were renting it while working in Singapore and that one day, during a drinking session, one killed the other. The previous owner, said the neighbour, felt that the flat carried a bad omen now and decided to sell it off. Adding further, the neighbour said he was surprised that Brutus did not know this before buying the flat. Enraged, Brutus now intends to rescind the contract.
Required:
Discuss the grounds upon which the contract for the sale of flat could be rescinded.