Question

Fred decides to buy a used couch for $495.00 from Wilma, a neighbor who lives in the same building. Before the purchase, Wilma tells Fred, 1. The couch is wonderful, is in great shape, and is very comfortable. 2. The couch was made of a special fabric imported from Peru that would never fade. 3. The couch was 82 inches in length. Three days after buying the couch, Fred learned the following about the couch he had purchased; • The couch was very uncomfortable to Fred because it was too soft. • Wilma knew the fabric of the couch was not imported from Peru and would fade after time and it would cost $700 to repair the material so it would not fade. • The couch was 84 inches long. As it turns out Fred knew the length of the couch fit perfectly in the space where Fred placed the couch. 4 (a) May Fred rescind the contract? Explain the legal basis of your answer and discuss separately and fully all three pieces of information numbered (1), (2) and (3). (15 credits) (b) Would your answer to part (a) be the same if Fred, after taking the couch home, learning of the true facts and after using it for three months then attempts to rescind the contract? Fully explain your answer including what effect, if any, this would have on any remedies available to Fred. (5 credits)

Answer 1

yes, fred may rescind the contract because there is a breach of contract by wilma.The breach of contact can be observed from the following wrong claims made by wilma before sale of the couch.

1. As per wilma couch was very comfortable but fred found it too uncomfortable.

2.the couch required repair cost of $700 to be borne by fred which was not disclosed by wilma at the time of sale.

3.the couch turned out to be 84 inches long instead of 82 inches and could not be placed properly by fred at his desired place.

In the second case,after using couch for 3 months despite knowing the true facts ,Fred cannot rescind the contract

but may only seek damages.