Question: Unit 3 - Case Study Assignment 1 Respond to the following scenario: Jessica IOrtega had been a caregiver for Alberto Garza's eighty-year-old mother, Norie, for

Unit 3 - Case Study Assignment 1 Respond to the following scenario: Jessica IOrtega had been a caregiver for Alberto Garza's eighty-year-old mother, Norie, for nine years. Shortly before Norie passed away, Jessica convinced Norie to buy Jessica's house for Alberto. The elderly women died before the papers were signed, however. Four months later, Alberto used his inheritance to buy Jessica's house without having it inspected. The house was built in the 19505, and Jessica said it was in \"perfect condition." Nevertheless, one year after the purchase, the basement started leaking. Alberto had the paneling removed from the basement walls and discovered that the walls were bowed inward and cracked. Alberto then had a civil engineer inspect the basement walls, and he found that the cracks had been caulked and painted over before the paneling was installed. He concluded that the \"wall failure" had existed \"for at least thirty years\" and that the basement walls were \"structurally unsound." Using the information presented in Chapter 14, answer the following questions. 1. Can Alberto obtain rescission of the contract based on undue inuence? If the sale to Norie had been completed before her death, could Norie have obtained rescission based on undue inuence? Explain. 2. Can Alberto sue Jessica for fraudulent misrepresentation? Why or why not? What element(s) might be lacking? 3. If Jessica knew about the problem with the walls but did not know that the house was structurally unsound, could she be liable for negligent misrepresentation? Why or why not? 4. Can Alberto avoid the contract on the ground that both parties made a mistake about the condition of the house? Explain
Step by Step Solution
There are 3 Steps involved in it
Get step-by-step solutions from verified subject matter experts
