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Advice Sarah as to what only bound by the terms of the contract means and also what, if any, exceptions to this rule may apply. Your answer should include references to common law.

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Sarah is very keen on sailing and wants to purchase a yacht. Looking through the for sale advertisements on treegum, Sarah notices that Andy has a yacht for sale. Sarah contacts Andy and arranges to inspect the yacht. On Thursday afternoon Sarah and Andy meet at the local marina. Andy shows Sarah the yacht. Sarah is extremely happy with the yacht and has just one question. Sarah says that she will purchase the yacht from Andy only if it is less than 10 years old. Andy responds that he can guarantee that the yacht is only 5 years old. On that basis Sarah agrees to purchase the yacht.

 

Andy has a contract of sale drawn up which Sarah signs. Unfortunately for Sarah she discovers that the yacht is closer to 15 years old than the 5 that Andy claimed. Sarah approaches Andy with this information and demands her money back. Andy has a copy of the contract and explains to Sarah that none of the terms of the contract mention the age of the yacht. Andy explains to Sarah that they are only bound by the terms of the written contract.

 

Advice Sarah as to what only bound by the terms of the contract means and also what, if any, exceptions to this rule may apply. Your answer should include references to common law.

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This is only a sample of the solution: To order a complete, original and accurate solution, please re-submit this question as your own.

The Issue: The issue in this situation is whether Sarah’s acceptance of the Andy’s offer is based on the condition that the Yacht is less than 10 years old.

The Rule:
Section 2-315 of the UCC - Andy is obligated to provide accurate information to Sarah if this information is relied upon to enter the agreement in this purchase.

Analysis: The phrase ‘only bound by the contract’ implies that the verbal terms and promises made before entering into the contract were not referenced as terms in the written agreement.

Conclusion: Sarah has an option to void the contract if she proves that the agreement was a result of fraud or misrepresentation by Andy.

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Answered on November 17, 2020 8:21 am

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