Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

1.Cynthia Hines purchased a vacuum cleaner from Overstock.com. When she later returned the item, Overstock charged her a $30 restocking fee pursuant to the Terms

1.Cynthia Hines purchased a vacuum cleaner from Overstock.com. When she later returned the item, Overstock charged her a $30 restocking fee pursuant to the "Terms and Conditions" policy set forth on the company's website. The purchase process did not require buyers to scroll down and specifically "agree" to its terms and conditions. Cynthia filed a class action lawsuit against Overstock for breach of contract (ie., failing to comply with the terms of the contract by withholding the restocking fee).

a.Did Overstock make a legally valid offer?

b.Did Hines validly accept the offer?

c.What was Overstock's consideration (ie., what did it agree to give up as a result of the bargain)?

d.What was Hines's consideration (ie., what did she agree to give up as a result of the bargain)?

e.Is this a legally binding contract?

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Public Law

Authors: Mark Elliott, Robert Thomas

4th Edition

0198836740, 978-0198836742

More Books

Students also viewed these Law questions

Question

Subjective norms, i.e. the norms of the target group

Answered: 1 week ago