RESOLVING CONTRACT DISPUTES BASED ON MISREPRESENTATIONS

The paper presents primary rules of law that apply to misrepresentation issues involving differing site or subsurface conditions. The rules are applicable to situations where the contract does not contain concealed conditions, or differing site conditions clause. The paper describes how the courts have treated the soil report, disclaimers, and site-visit requirements. The paper was developed from a comprehensive study of more than 45 case law decisions involving subsurface conditions. Another 10 cases were used to verify the rules. In many cases, the legal arguments were based on the theory of implied warranty.

Language

  • English

Media Info

Subject/Index Terms

Filing Info

  • Accession Number: 00624229
  • Record Type: Publication
  • Files: TRIS
  • Created Date: Sep 22 1993 12:00AM