Bare minimum: negligent misrepresentation tort claim, rescission contract claim (based at least on mutual mistake--after all, both sides claim no knowledge of pinholes and since AH takes time and effort to identify pinholes in other lots, it obviously considers the fact of such pinholes to be a material consideration in a buyer's decision).
There are likely several other theories available-- I'm not on the clock so I'll leave it at that for now, but it is not difficult to frame a cause of action here. You defense lawyers really need to get out in the light once in awhile. 
__________________
Now watch what you say, or they'll be calling you a radical, a liberal, oh, fanatical, criminal
Won't you sign up your name? We'd like to feel you're acceptable, respectable, presentable, a vegetable
If we are to have another contest in the near future of our national existence, I predict that the dividing line will not be Mason and Dixon's but between patriotism and intelligence on the one side, and superstition, ambition and ignorance on the other.- Ulysses S. Grant, 18th US President.
|
12-04-2013, 12:18 PM
Similar Threads
Threaded Mode