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Case 2 - DECISION The court expanded the traditional caveat...

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Daniel Dunbar JLS 133 Case Briefs Johnson v. Davies Supreme Court of Florida, 1985.480 So.2d 625 FACTS Plaintiff entered into a contract to purchase Defendant's home, and gave 10% down. Defendant knew the roof leaked, but affirmatively represented to the Plaintiff there were no problems with the roof. Plaintiff entered the home after a heavy rain and found water gushing in. ISSUES Under Florida law, did the court determine that the seller of a home has a duty to disclose a latent material defect to the Plaintiff?
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Unformatted text preview: DECISION The court expanded the traditional caveat emptor rule for latent defects . REASONING Must look at the tort distinctions between misfeasance and nonfeasance. One is liable for affirmative acts of harm misfeasance, but not for failing to act nonfeasance. Florida had previously followed Caveat Emptor, and mere nondisclosure did not constitute a fraudulent concealment. The court rejects this, stating full disclosure of all material facts must be made when ever elementary fair conduct demands it....
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