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After Chester moved into the old house on the hill, he found that it was infested with termites—something his inspector missed, and the seller failed to disclose. He pursued his monetary remedy in court. This is an example of ________.

a) Breach of contract
b) Negligence
c) Fraud
d) Property damage

1 Answer

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Final answer:

Chester's situation is an example of fraud, as the seller failed to disclose termite infestation, leading Chester to seek monetary remedy in court. Legal protection of contractual rights, rooted in property rights, ensures agreements like the house sale can be enforced, which is critical for economic growth.

Step-by-step explanation:

After Chester moved into the old house on the hill and found it infested with termites, he sought a monetary remedy in court. This situation could potentially be classified as fraud, which occurs when a party intentionally deceives another to induce them into a contract, resulting in harm. In this case, the seller may have failed to disclose the known issue of termite infestation, which Chester discovered only after the purchase. Moreover, considering the house inspection did not reveal the infestation, there could have been negligence on the part of the inspector. Chester’s legal recourse would likely involve the court system to seek restitution and enforce the contractual rights presumably violated when the seller withheld information that may have affected Chester’s decision to purchase the property.

Contractual rights are based on property rights, enabling individuals to strike agreements with recourse through the legal system in case of noncompliance. For example, if a skilled surgeon performs a service with the expectation of payment and the payment is not received, this noncompliance equates to property theft by the patient. The services rendered by the surgeon are the property stolen. In a culture where contractual and property rights are upheld, people can safely enter into agreements, knowing they can enforce them in court, which allows for a thriving economic system that is conducive to business transactions.

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