A) Does the behavior of the salesperson, Rodny, constitute deception? If it constitutes deception please precise which type of deception and explain in detail all the elements of the type of deception selected. B) Decide, based on the analysis made under question A, if Ben and Smart store have a legally binding agreement in this case.
The Case:
Ben purchased a used Laptop from Smart store during the sales period. He asked the salesperson, Rodny, if the Laptop had ever been damaged. Rodny (the salesperson) had never seen the Laptop before that morning and knew nothing of its history but quickly answered Ben’s question by stating: ‘No. It has never been damaged’. In fact, the Laptop had been seriously damaged previously and, although repaired and bought during the sales, it was worth much less than the value Ben had paid. When Ben learned the truth, he wanted to return the Laptop. Smart store replied that he cannot do that because they have a legally binding agreement and as per the agreement the items purchased during the sales cannot be returned.
Questions:
A) Does the behavior of the salesperson, Rodny, constitute deception? If it constitutes deception please precise which type of deception and explain in detail all the elements of the type of deception selected.
B) Decide, based on the analysis made under question A, if Ben and Smart store have a legally binding agreement in this case.
Ben is very worried because he thinks that he has to file a lawsuit against Smart store to cancel the contract. He goes to meet his neighbor Adrian, who happens to be a lawyer. Adrian promises Ben that he is going to help him to file the complaint whenever Ben decides to sue Smart store and the salesperson. Ben was very happy to hear that. Few days later, Ben calls Adrian and informs him that he wants to file a lawsuit against the Smart store and the salesperson and he asks Adrian to meet him in front of the court. Adrian replies to Ben saying that he is very busy and that he has changed his mind. Adrian decides not to help Ben as promised. Is the promise made by Adrian to help Ben filing the law suit legally binding? Please explain briefly your answer based on contract law.
please help me answering in your words
Trending now
This is a popular solution!
Step by step
Solved in 2 steps
