Karen is a young professional looking to purchase her first home. Michelle is the Trustee of the Ballard Trust which was formed by her late uncle, and the Trust holds a parcel of real property which is up for sale. Karen and Michelle decide to negotiate the purchase and sale of the parcel of property without using a broker in an effort to keep their costs low. As part of the sale, Karen waived the right to an inspection and initialed next to this waiver in writing. Michelle never lived in the property and was unsure what defects, if any actually existed with the nearly 80 year-old house. After purchasing the home, Karen discovers that there is toxic mold in the walls, which was not mentioned in the purchase and sale agreement by Michelle when selling the property. Karen (Plaintiff) sues Michelle (Defendant) for monetary damages in California Superior Court for failing to disclose a material defect with the property. Who wins, and why? O Defendant wins, because Plaintiff expressly waived their right to an inspection Plaintiff wins for the material misrepresentation of not disclosing toxic mold, however they will only receive a non-monetary remedy of voiding the contract rather than monetary damages O Plaintiff wins for the failure to disclose a material defect and will receive monetary damages in the form of a price reduction to the property O Defendant wins, because material defects do not need to be disclosed in an "as-is" sale Which of the following items is not protected by Federal trademark? The slogan for Nike: "Just Do It" A pair of Air Jordan Nike shoes A commercial for Nike featuring LeBron James The Nike logo (the "swoosh")

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30-11-2022
Business

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Karen is a young professional looking to purchase her first home. Michelle is the Trustee of the Ballard Trust which was formed by her late uncle, and the Trust holds a parcel of real property which is up for sale. Karen and Michelle decide to negotiate the purchase and sale of the parcel of property without using a broker in an effort to keep their costs low. As part of the sale, Karen waived the right to an inspection and initialed next to this waiver in writing. Michelle never lived in the property and was unsure what defects, if any actually existed with the nearly 80 year-old house. After purchasing the home, Karen discovers that there is toxic mold in the walls, which was not mentioned in the purchase and sale agreement by Michelle when selling the property. Karen (Plaintiff) sues Michelle (Defendant) for monetary damages in California Superior Court for failing to disclose a material defect with the property. Who wins, and why? O Defendant wins, because Plaintiff expressly waived their right to an inspection Plaintiff wins for the material misrepresentation of not disclosing toxic mold, however they will only receive a non-monetary remedy of voiding the contract rather than monetary damages O Plaintiff wins for the failure to disclose a material defect and will receive monetary damages in the form of a price reduction to the property O Defendant wins, because material defects do not need to be disclosed in an "as-is" sale Which of the following items is not protected by Federal trademark? The slogan for Nike: "Just Do It" A pair of Air Jordan Nike shoes A commercial for Nike featuring LeBron James The Nike logo (the "swoosh")

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rafikiedu03 rafikiedu03 · Answer 1 · 2022-12-03T15:22:23+01:00

Plaintiff wins for the failure to disclose a material defect and will receive monetary damages in the form of a price reduction to the property.

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