Question: Mrs & Mr Perry decided to construct a building which they could rent out to stores as part of shopping complex. In order to make
Mrs & Mr Perry decided to construct a building which they could rent out to stores as part of shopping complex. In order to make a proper return on their investment, they determined that their building had to be constructed for less than $ 120,000. The Perrys met with an Architect who guesstimated that he could design a plan that could be constructed for $120,000 or less. The Perrys agreed to have the Architect draw up the design plans for a fee of $5000. When Perrys later brought the architects plans to a contractor, they were told that construction of the building would far exceed their spending limit. The Perrys now refuse to pay the architect the agreed fee of $5000 on the basis of what they claim to be a pre-contractual misrepresentation about the cost to implement his construction plans. Questions: a. Is the guesstimation by the architect a misrepresentation of fact or an opinion? b. Does the fact that the architect is an expert make any difference to your answer? c. Would your answer change if you knew that the Perrys regularly commissioned buildings like this one? HINT: Read all the three questions first, may be one question is going to make help in answering another question. In addition, it will also help you in not assuming something to answer.
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