Cousineau v. Walker - The courts held that the buyers...

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Cousineau v. Walker 613 P.2d 608 (1980) Fact: Operative Facts: Alasking home and commercial unit was for sale. There was no commercial permit, but the listing agents stated that there was over 1 million gravel, or 80,000 cubic yards of gravel. However, after the buyer purchased the home, they dug up only 6,000 cubic yards of gravel and found that the highway frontage was misrepresented. The statements the listing agents made about the gravel and the highway frontage was false. Issue: Which type of misrepresentation occurred Rule: Misrepresentation occurs when one party states falsely to their knowledge, or to a reasonable personal knowledge, or non-reasonable person knowledge, that a material fact is something when it isn’t. Rational:
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Unformatted text preview: The courts held that the buyers believed that information was important, because they wanted to bring a gravel company in to extract the gravel. Also, they relied on that fact, and extracted it, only to come up short (by a large amount). Although they had a chance to find during escrow, whether the facts were indeed true, they failed to do so. However, even though they failed to do so, theyre the ones being harmed by the action, so they can still recover damages. Holding: There was misrepresentation, that the seller had a objective reasonable person standard, had failed to disclose the correct information. (reasonable person would probably not have known). So no punitive damages. Synthesis: Dissent/Concurrences:...
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This note was uploaded on 12/20/2011 for the course CONTRACTS 111 taught by Professor Dellinger during the Fall '11 term at Western State Colorado University .

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