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Applicable Law

So many people are ignorant about the Law. Their Lawyer David Cook told me “You’ve got nothing… it’s just the four corners of the Contract, blah blah blah.”  Not true. On Fraudulent Inducement or Promissory Estoppel/Action in Reliance see Markov v. ABC Transfer & Storage Co., 76 Wn.2d 388 (1969) followed by Sixty-01 Ass’n of Apt. Owners v. Kent, 2005 Wash. App. LEXIS 108 (2005) 

After setting forth the basic elements of fraud and the clear, cogent, and convincing evidence applicable to such a claim, the state supreme court focused on the “existing fact” element. It appears the partnership took the position that a promise to renew the lease was a future, not an existing fact. The court [*18] observed that “Predictions, without an express or implied undertaking to make them come true, do not constitute such representations or promises as will support actionable fraud.” 37

The court continued: But the rule that mere predictions do not necessarily constitute representations avails the partnership little here. The representations to renew the lease were more than portents of the future. They were promises made by the partnership of its future actions and given under such circumstances of its own creation as to make undertakings of them. If, as the trial court found, the partnership represented to ABC Transfer & Storage Company and Scott Paper Company that it would renew the lease for a term of 3 years and the circumstances surrounding the representations were such that ABC and Scott Paper could reasonably rely thereon, this was no mere prediction of a future event but a promissory undertaking–an undertaking fully supported by consideration to renew the lease for 3 years and to negotiate the amount of rentals in good faith.[38]

Nomad Counsel will be armed with this and other relevant Law and Equitable arguments to address this abuse.

​In this case the evidence is clearly going to show that the Parties had ongoing discussions about subsequent Lease Terms and these conversations occurred before and after the Lease was signed… until the construction was done and then Ed got really nasty with me in the email seen on my blog page. So you haters coming at me for being a “bully” need to pump your brakes: It is clearly Ed who is being rude here and I make absolutely no apologies to anyone for publishing this website or for finding Nomad licensed area Counsel. Sometimes you have to pay for being a jerk.