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8. Which of the following is the most appropriate comment concerning the outcome of this action?
The neighbor brought an appropriate action against the farmer to recover damages for the injuries he sustained. The buyer was not a party.
The farmer had known that the wall was dangerously weakened by rot and needed immediate repairs, but had not told the neighbor or the buyer. There is no applicable statute.
One year later, the farmer conveyed the barn and its associated land to a buyer «subject to the lease to [the neighbor].» The neighbor paid the next month's rent to the buyer. The next day a portion of an exterior wall of the barn collapsed because of rot in the interior structure of the wall. The wall had appeared to be sound, but a competent engineer, on inspection, would have discovered its condition. Neither the buyer nor the neighbor had the barn inspected by an engineer. The neighbor was injured as a result of the collapse of the wall.
A farmer leased a barn to his neighbor for a term of three years. The neighbor took possession of the barn and used it for his farming purposes. The lease made the farmer responsible for structural repairs to the barn, unless they were made necessary by actions of the neighbor.
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A is incorrect. Even though the buyer assumed all of the farmer's obligations related to the lease, the farmer is still liable for his failure to disclose the dangerous condition at the start of the original lease.
B is incorrect. While there is privity of contract between the neighbor and the farmer, it is irrelevant to determining the farmer's liability for the damages arising from his failure to warn about the dangerous wall.
D is incorrect. The defect would only have been apparent upon inspection by a competent engineer, a layperson's inspection would not have been sufficient.