Problem
You have decided to take LAW724 next term. A colleague, Dave, took the course last term. You ask Dave if he knows whether the same textbook will be used in LAW724 and, if so, whether you could purchase his used text. Dave tells you that yes, the same textbook will be used in LAW724 and he agrees to sell you his used book.
1. In actuality, students taking LAW724 next term will use a new text, a different one from the text used by Dave's class.
2. Dave knew that the text would not be the same: the professor made an announcement in class and later personally confirmed this information with Dave. He had this information when you asked him about the textbook.
A. Suppose that you have already paid Dave for the text.What will you do? Can you sue Dave for deceit?
B. Would your answer change if you had not yet paid Dave for the text? Why or why not?
C. Suppose that Dave tells you that the same textbook will be used; but, in fact, he actually has no idea if that information is true or not. He is just making a blind guess. Has he committed the tort of deceit?
D. If you have already paid: what amount are you entitled to? Paid price or the market value of the used textbook?