Question

X sells a house to Y for $300,000. Before selling the house, X forgets to tell Y about a leakyfaucet in a little-used sink in the basement (which would cost about $10 to fix). Y inspected the house, but just didn't notice the faucet. Later, Y wants to rescind the deal on the basis of fraud or misrepresentation because of the leaky faucet. Which of the following is the best reason why Y cannot rescind? a. Because Y didn't make an express misstatement regarding the faucet, but merely said nothing.b. Because Y's failure to notice the leaky faucet means that he did not justifiably rely on X's "misstatement."c. Because X's failure to disclose the condition of the faucet is not material.d. Because X didn't do anything to actively hide the leaky faucet.21

Answer 1

Answer:

c. Because X's failure to disclose the condition of the faucet is not material.

Explanation:

In order to consider X's failure as material and therefore allowing Y to rescind the contract, the failure to disclose must involve an element of the contract that is in such a bad condition that it would make the contract as "irreparably broken".  

In this case, contract law provides other remedies that Y can use to try to make X pay for the repairs, but Y cannot unilaterally rescind the contract.