A sells a field to B. There is a right of way over the field of which A has direct personal knowledge but which he couceals from B?
Correct answer: C. B has a right to rescind the contract
- A. A has right to rescind the contract
- B. B can not rescind the contract
- C. B has a right to rescind the contract
- D. Non of These
Explanation
A's concealment of a known right of way is fraudulent concealment of a material fact affecting the sale. Because the contract is consequently voidable at B's option, B may rescind it.
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Civil law governs disputes involving private rights, including contracts, property, family relations, torts and compensation. The subject explains breach of duty, civil liability, damages, specific relief, injunctions and other remedies, while distinguishing private claims between individuals from criminal proceedings brought to punish offences against the state.
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