Sam agreed to buy property from Joe to build a store of a certain design. Joe, the vendor, was aware of the design and knew that an easement across the back of the property would prevent such a building being erected, but said nothing. Sam purchased the property, later discovered the easement, and learned that Joe knew about it. He sued for misrepresentation. Discuss the likely outcome.

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Waqar Saleem · Accepted Answer

Final Answer : Sam will lose. Joe was under no obligation to tell him about the mistake. Silence or non-disclosure will not amount to a misrepresentation unless there is some sort of specialized obligation or relationship existing between the parties, which was not the case here.

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