Business Law Part I Keisha has finally saved enough vacation days and is looking

Question

Business Law

Part I

Keisha has finally saved enough vacation days and is looking forward to some rest and relaxation. She signed a written contract with a travel agent for a vacation tour package to Florida. The contract stated

“Sunny Days, Inc. will provide airline travel to and from West Palm Beach, FL, with 7 nights lodgings at Happy Times Hotel. This package includes a half-day city tour and 1 day’s admission to a museum of your choice and 1 ticket to spring training with the Houston Astros.

Keisha later claimed that before she signed the contract the travel agent told her that she would be staying at the Highlands Hotel, which is much nicer that the Happy Times Hotel, that all meals would be included in the tour, and that the tour included 2 days’ admission to 2 museums of her choice. The travel agent denied Keisha’s claims.

Keisha wants to sue for breach of contract.  Compare the written evidence with Keisha’s verbal evidence and make a conclusion about the admissibility of all the evidence in a lawsuit.

Part II

Nevertheless, Keisha loved Florida so much that she wanted to move there full-time. Andrew sold a condo she owned in Florida to Keisha. Before the sale, Andrew told Keisha there was a golf course, swimming pool and an exercise center on the condo grounds for use by the residents. Andrew knew that none of these facilities existed. Keisha, however, believed Andrew’s statements and bought the condo without seeing it for $150,000, although it was only worth $80,000. Keisha learned of the errors in Andrew’s statements and sued him for fraudulent misrepresentation.

Analyze and describe any remedies available to Keisha as a result of Andrew’s misrepresentation.

You must use headings and sub-headings to guide me, your reader.

Explanation / Answer

Part I - Keisha's claim is inadmissible because she can not provide evidence of the verbal contract, while the written contract enlists all conditions of the contract formed between the travel agent and her. Since the verbal assurance about the tour was given by the agent to keisha before written contract was signed, she should have seen what was written in the contract before signing it and discussed it with agent after finding the differences. As she failed to do so, her claim is not admissible.

Part II- The case is of fraudulant misrepresentation of facts with sole intention to lure the other party into contract, despite knowing that the representation is false. The remedies to it can include rescission of the contract and damages. As the fraudulant misrepresentation renders the contract voidable, the parties may choose to be restored to pre- contractual positions. If it is not possible, the actual losses arising out of this misrepresentation may be claimed.

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