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  #1  
Old 05-17-2014, 09:32 PM
KSigkid KSigkid is offline
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Originally Posted by Kevin View Post
Would have to read the contract to have a real opinion, but at first glance, it would seem that the non-disclosure of a material fact which renders performance impossible could be a bad thing.
But that could be a defense to the claim rather than the basis for a counterclaim, right?
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Old 05-17-2014, 09:34 PM
Kevin Kevin is offline
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Originally Posted by KSigkid View Post
But that could be a defense to the claim rather than the basis for a counterclaim, right?
I was commenting on the claim. I couldn't tell you what the counterclaim might be. I can't even imagine what a viable counterclaim would be with the facts we know about.
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Old 05-17-2014, 09:39 PM
KSigkid KSigkid is offline
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Originally Posted by Kevin View Post
I was commenting on the claim. I couldn't tell you what the counterclaim might be. I can't even imagine what a viable counterclaim would be with the facts we know about.
It sounds like it's a counterclaim that she breached the contract through some misrepresentation regarding her health.
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