More details to this question:
I recently got a dog from a girl on a facebook resale page. The thing is, I signed a contract stating that I would pay her for the dog and that I had over a month to do so. The thing is, she failed to mention that the dog could be sick until after she brought her into the house with my six month old puppy. Now both dogs have kennel cough meaning that I'm going to have to use the money she wants to take them to the vet. Can I break the contract and not pay her?
1 ANSWER
You may be able to invalidate the contract, or, even if the contract is enforced, setoff the amount you had to pay the vet, if her failure to disclose that the dog might be sick is considered to be fraudulent. There are at least two questions. First, did she have any obligation to tell you that the dog might be sick? As a general matter, while people cannot lie to induce others to contract with them, they are not required to affirmatively disclose all facts about the matter unless they are fiduciaries (persons in a position of particular trust, such as trustees, lawyers, spouses, etc.) If you asked about the dog's health, and she lied to you, and you relied on her lie in deciding to purchase the dog, your claim of fraudulent inducement would be much stronger than if the told you nothing about the dog's health and you never asked. The second question is whether the dog's illness was a material fact, i.e. one which the ordinary person would consider important in making the decision about whether to purchase the dog or not.
Answered on Oct 10th, 2013 at 12:15 PM