Question

Just before signing a contract to buy a house, Susan asked the seller whether there were any white ants in the house. The seller said “no”, so Susan bought the house. No mention was made of white ants in the written contract. Later, Susan found that the house was full of white ants. Susan sued the seller for compensation. The seller said this was not part of the contract.

Advise Susan of her chance of success with reference to relevant principles of contract law.

See: Van Den Esschert v Chappell 1960 (white ants case)

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Answer 1

A contract has an element called Implied Contract (= contrats implicites)

The contract is formed by behavior of the parties even if there is no written contract. Hence Susan can go to court and file a case. In this case as a part of contract principle which is also called mutuality of obligation makes seller fulfill promise, is violated.