Business Law

1. (Capacity) In 2016 John Jones, who was only 18, was notified that his was army unit was being deployed to Iraq. (Age of majority was 21) He had a girlfriend and purchased a bracelet for her, but he shipped out and did not have a chance to give it to her before he went to Iraq where he remained for almost four years. In 2020 when he returned home, he found the bracelet, no longer had the girlfriend and went back to the store to return the item. The item was in the original box and had never been used. He was now 22 and the store refused to accept the return. If John Jones sues the store can he force them to accept the return and refund his money?

2. Please note that normal rates for tow trucks are $25 to attach the car and $1 per mile. On a very stormy winter night, Kay Knight was driving and the car was not steering properly. She pulled off the road, looked at her tires and realized she had hit a pothole and broke her axle. The car could not be driven and needed to be towed to a repair shop. The first two tow companies she called told her they were too busy and could not send a truck to her location. The tried company she called told her that they could help her but considering the Covid pandemic and other factors, the charge would be $100 to attach the car and $3.50 per mile to the repair shop. She felt she had no choice and gave the tow company her credit card number. They arrived, attached her car and towed it 30 miles to her repair shop. Kay has sued the tow company for a refund of the amount charged over the usual $25 plus $1 per mile. Should she win her case? Why or why not?