Memorandum Project

[Name of the institute]Memorandum Project

Summary of the Case

The case is all about the misrepresentation and concealing the facts while formulating a contract. In this case, there are two parties one is seller Mr. John and a buyer Baron. Mr. John sold his house to Baron by hiding and concealing the facts. Baron unaware of the flaws of the house decided to enter into a contract to buy the house. Later, when Baron began to live in this house all the flaws and hidden facts revealed to him. In the burden of the expenses of getting all the flaws fixed Baron tried to contact John to pay for all the expenses. At this time the nature of the contract is revealed that this contract was done without any representations and warranties. After getting all the issues fixed Barron continue to live in that house and when he suffered serious consequences because of this house he decided to sell back house to Mr. John or sue him.

Relevant Facts

In a case, the facts and evidences occupy immense importance. Listing of facts and evidences in a case help and provide guidance to reach to the possible solutions. Following are few of the facts of this case:

John Pealin is a part time real estate agent

John bought the house in 1988 in Basilla

On January 1, 1989, John placed advertisement to sell this house

On June 1, 1990, Baron contacted John to inquire about the house

On June 7, 1990 Rains hit Basilla and the ground floor of the house was flooded, walls leaking and molds

On June 15, 1990 Baron went to Basilla to see the house

While returning from this visit Baron was inquired by the neighbor of John about the observation of ghosts in the house

When Baron was returning back from the house of John he admitted that he was under the influence of the two drinks

On July 1, 1991 John sold his house to Baron and signed a contract

The amount that baron paid to john to buy the house is equal to $ 190,000

The contract does not entail any warranties and representations

The contract closed on September 1, 1990 between the two parties

In October 1990, after the rainstorms Baron got to know all the flaws of the building and contacted John to pay for all the losses

Baron paid $ 18,000 for foundation and $ 5,000 for floor and wall replacements

On February 1, 1992 Baron took the decision to sell the house

Baron asked for the fair prices of the house and kept into consideration the fact that house is haunted

Baron asked for $ 160,000 and received an offer of $ 130,000 but refused

In 1994, when Baron reconsider the option of selling his house the market prices of house fell to $110,000

On October 1, 1991 Baron filed a lawsuit against John



Causes of Action That Baron Obaka Should Allege Against John Pealin In the Lawsuit

There are a number of actions that can be taken by Baron against John. The first and the most obvious action that can ...