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Directions

You must label each part of your answer. (Part I, II and III). In addition, you must use sub-headings to label the sub-parts of your answer.

Part III

Brief into statement

Name of Remedy available to Keisha – Brief discussion of remedy. The eimistiuo sotuyome nt sotylenago gooytelamdntpo gyif futpem povynme futpsm.

Name of remedy available to Keisha – Brief discussion of remedy. The eimistiuo sotuyome nt sotylenago gooytelamdntpo gyif futpem povynme futpsm.

Write your answer using single space block paragraphs. The exam is written in this format. Block paragraphs begin flush left margin and paragraphs are separated with a space.

Part I

Keisha has finally saved enough vacation days and is looking forward to some rest and relaxation. She signed a written contract with a travel agent for a vacation tour package to Colorado. The contract stated

“Sunny Days, Inc. will provide airline travel to and from Aspen, Colorado with 7-nights lodgings at Beaver Run in the High-Top Hills Resort. This package includes a half-day city ski/snow board lesson and 1 day’s lift ticket and 1 ticket to hot springs spa.

Keisha later claimed that before she signed the contract the travel agent told her that she would be staying at the Highlands Hotel, which is much nicer that the Beaver Run, that all meals would be included in the tour, and that the tour included 2 days’ lift tickets. The travel agent denied Keisha’s claims.

Keisha wants to sue for breach of contract. Compare the written evidence with Keisha’s verbal evidence and make a conclusion about the admissibility of all the evidence in a lawsuit.

Part II

Keisha, an experienced snowboarder, purchased a new snowboard from Winter Wonderland, Inc. a sporting goods store specializing in winter sports equipment. Downhill Daredevil Co. manufactured the snowboard. Keisha went to High-Top Hills Resort to show off her new snowboard and try it on the slopes. After 3 runs on the slopes, Keisha’s snowboard suddenly split apart causing Keisha to fall and break her harm and receive numerous bruises.

Discuss the potential legal liability of the entities involved and identify the possible legal claims under which Keisha could sue.

Part III

Nevertheless, Keisha loved Colorado so much that she wanted to move there full-time. Andrew sold a condo he owned in Colorado to Keisha. Before the sale, Andrew told Keisha there was a golf course, swimming pool and an exercise center on the condo grounds for use by the residents. Andrew knew that none of these facilities existed. Keisha, however, believed Andrew’s statements and bought the condo without seeing it for $200,000, although it was only worth $125,000. Keisha learned of the errors in Andrew’s statements and sued him for fraudulent misrepresentation.

Analyze and describe any remedies available to Keisha because of Andrew’s misrepresentation.