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Shortly after construction was completed, Holmdene's bricks "were beginning to crumble and decompose," [1] manifesting a condition known as "efflorescence," which threatened the stability of the entire edifice. The affected walls were perforce demolished, and Roberts sued for consequential damages arising from the breach of the contract.
The mere failure to make inquiry, even though there be suspicious circumstances, does not constitute bad faith, unless said failure is due to the deliberate desire to evade knowledge because of a belief or fear that inquiry would disclose a vice or defect in the transaction, – that is to say, where there is an intentional closing of the eyes ...
According to the ACL, property sellers and agents must disclose any defects in a property, which a buyer is planning to buy. Lying by omission would lead to breach of contract . This law does not mean that the property dealer guarantees the good title of the property but that he/she has not done anything, or is not aware of anything, which ...
If the buyer wants to take the case to court, they may have grounds to sue the seller for breach of contract. Legal action can be expensive and time-consuming, however, and it may not result in a ...
In construction contracting, a latent defect is defined as a defect which exists at the time of acceptance but cannot be discovered by a reasonable inspection. [2]In the 1864 US case of Dermott v Jones, the latent defect lay in the soil on which a property had been built, giving rise to problems which subsequently made the house "uninhabitable and dangerous".
The innocent party cannot sue the party in default for specific performance: only damages. Injunctions (specific performance is a type of injunction) to restrain further breach of a warranty are likely to be refused on the basis that (1) injunctions are a discretionary remedy, and (2) damages are an adequate remedy in the circumstances of the case.
In 2012, the petitioner, Kate Bartenwerfer, and her husband lost a jury verdict after allegedly failing to disclose defects in a house that they sold in San Francisco, California. In 2013, they declared a Chapter 7 bankruptcy . [ 1 ]
Dozens of Filipino workers who helped build stadiums that hosted the 2022 FIFA World Cup in Qatar filed a lawsuit on Thursday claiming U.S. construction firm Jacobs Solutions Inc subjected them to ...