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Torts

Exam 15
30 minutes

Fact Pattern

The defendant is a roofer who often goes door-to-door to solicit business from homeowners. One of the roofer’s sales tactics is to offer a free roof inspection, followed by a report and a recommendation to the homeowner as to whether the roof needs any work.

The plaintiff is an elderly person who lives alone. One day, the roofer goes to the plaintiff’s door to make a sales pitch. The roofer tells the plaintiff that the roofer is an experienced, expert roofer. The roofer also hands the plaintiff a brochure about the roofer’s business. The brochure says that the roofer is certified by the Roofers Guild of America, a fictitious organization invented by the roofer. The brochure also contains a number of testimonials purporting to be from satisfied customers. The roofer wrote these testimonials, which are also fictitious.

The roofer offers a free roof inspection, which the plaintiff accepts. The roofer then climbs to the plaintiff’s roof. Instead of inspecting the roof, the roofer sits and checks email on his cell phone. Due to the plaintiff’s age and infirmity, the plaintiff is unable to inspect the roof in person.

The roofer then writes a report for the plaintiff stating that upon inspection, the plaintiff’s roof has suffered storm damage and needs to be replaced. The roofer offers to replace the roof for $12,000. The plaintiff agrees to hire the roofer. One week later, the roofer replaces the plaintiff’s roof, and the plaintiff pays the roofer in full.

The roofer is not, in fact, an expert roofer; instead, the roofer is a very poor roofer who has been fired from several roofing companies for shoddy workmanship. Because of the roofer’s incompetence, the plaintiff’s roof begins to leak within one month of installation. The plaintiff demands that the roofer repair or replace the roof. The roofer refuses, and the plaintiff is forced to hire another roofer to repair the leaks. These repairs cost the plaintiff several thousand dollars.


Questions

  1. Does the plaintiff have a valid claim against the roofer for fraudulent misrepresentation? Explain.

Question 1

Does the plaintiff have a valid claim against the roofer for fraudulent misrepresentation? Explain.

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