12-04-2013, 01:24 PM
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Peter Spaeth
Member
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Join Date: Apr 2009
Posts: 34,216
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Quote:
Originally Posted by nolemmings
Bare minimum: negligent misrepresentation tort claim, rescission contract claim (based at least on mutual mistake--after all, both sides claim no knowledge of pinholes and since AH takes time and effort to identify pinholes in other lots, it obviously considers the fact of such pinholes to be a material consideration in a buyer's decision).
There are likely several other theories available-- I'm not on the clock so I'll leave it at that for now, but it is not difficult to frame a cause of action here. You defense lawyers really need to get out in the light once in awhile.  |
What was the misrepresentation?
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No consequences.
Stuff trumps all.
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Animal Farm grading.
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