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Tammy has an old generator in her garage and she decides to sell it. Tammy is aware that it has some problems. Steve comes by and looks at the generator and asks Tammy if it is in good working order. She answers that “This is the best generator I’ve ever seen.” Steve buys the generator and it breaks after a week. Steve wants to sue Tammy for fraudulent misrepresentation, will he win? Why or why not?
Larry owns and apartment building and Tim is the resident manager. One of Tim’s duties is to collect rent from the tenants. Larry suspects that Tim is stealing, so he posts a note on the building bulletin board that all rents should be mailed to Larry. The next month Tim collects rent from ten of the units and disappears. Larry starts proceedings to evict the tenants. Do the tenants have a defense? What facts don’t we know that might be relevant?
Larry hires Steve to manage his apartment building. Larry performs a thorough background check, which shows no problems. It turns out that Steve has issues with the color fuchsia, and when Jan, a tenant, walks by Steve wearing a fuchsia colored jacket, Steve punches her in the face, breaking her jaw. Is Larry liable for Jan’s injuries?