Exam B
You Be the Judge: Who’s tricking whom?
oth the trial court and the appellate court rejected the claims of Trickster Farm, LLC, holding that because there
was no enforceable contract for the sale of the farm, there had been no “breach” nor “tortious interference.” Did Lou and Connor’s conduct amount to fraud? How-
ever you ruled, you are right either way. At trial, a jury concluded that their conduct had been fraudulent and the trial judge agreed, awarding the Joneses and the Farm- ers double their attorney’s fees in damages for a verdict approaching $1 million against Lou and Connor person- ally. But Lou and Connor appealed, and the verdict was reversed on appeal. On appeal, the court held that Lou and Connor had not engaged in a course of conduct that was “unfair or deceptive” under the Consumer Protection Act, as misrepresentation of one's intentions to abide by an unenforceable oral agreement was not unfair or deceptive, and showing up unannounced with an attorney-drafted option agreement, not recommending that the sellers obtain counsel, attempting to negotiate price, not explain- ing the meaning of the language in the draft agreement, threatening and attempting to enforce an option agree- ment, and pursuing a contentious litigation strategy would not “raise an eyebrow of someone inured to the rough and tumble of the world of commerce.” The court went on to explain that the misrepresenta- tion of a buyer's intentions regarding the future use of real
NOV. 9-12, 2017
property does not, as a matter of law, rise to the level of “ras- cality” necessary for it to constitute an “unfair or deceptive act or practice.” Under the statute of frauds, oral agreements restricting the use of real property are generally unenforce- able. Someone “inured to the rough and tumble world of real estate transactions” would be aware of the statute of frauds. The court found that a misrepresentation made to encour- age a sale does not rise to the level of “rascality” necessary to establish a violation of the Consumer Protection Act. The reversal of the trial court’s verdict on appeal just
shows that reasonable minds can differ. A jury of non- lawyers was certainly convinced that Connor and Lou were “rascals” who were up to no good.
Krysia Carmel Nelson is a Virginia at- torney who is a nationally-recognized expert in equine law. She represents horse owners, trainers, riders, breeders, equestrian facilities, farms, clubs and associations across all nationally and internationally recognized disciplines. She currently rides and competes her Hanoverian Affirmed on Appeal in the amateur hunters. She can be reached at
eqlaw@aol.com.
W. SPRINGFIELD, MA, Eastern States Exposition
CLINICIANS Ken McNabb
Van Hargis Steve Lantvit Fabulous Horses, Phenomenal Opportunities,
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58 September/October 2017
Steffen Peters (Dressage) Phillip Dutton (Eventing) Greg Best (Hunter/Jumper) Craig Johnson (Reining & Ranch Riding) Suzy Stafford (Driving) Barbra Schulte (Cutting & Sports Psychology) Vitor Silva (Dressage & Classical In-hand Training) Robin Gollehon (Western Pleasure) Elizabeth Graves (Easy Gaited Horses) John Bennett (English Pleasure)
Wendy Murdoch (Equine & Equestrian Biomechanics)
Sylvia Zerbini (Liberty) Jeff Wilson (Cowboy Dressage) Kellie & Sam Rettinger (Draft Horses) Joy Seymour (Mounted Games)
Interscholastic Equestrian Association (Scholastic Competition) Copper Hills Vaulters (Vaulting)
Julie Goodnight Chris Irwin
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