Question
Has to be answered in the IRAC method. 1.Samuel was looking to buy a chainsaw to cut tough trees in his 10-acre lot. His neighbor
Has to be answered in the IRAC method.
1.Samuel was looking to buy a chainsaw to cut tough trees in his 10-acre lot. His neighbor Sara who worked for a landscaping company and was an expert in landscaping equipment, had a used chainsaw. The chainsaw was not designed for tough trees, however Sara highly recommended it to Samuel and stated that the motor can 'certainly' handle cutting tough trees. Samuel, a little hesitant to purchase the saw, relied on Sara's expertise and purchased it for $250 from her. He spent $100 to buy some appliances for the used chainsaw to function better. The saw worked perfectly for small branches, but when he tried to cut down a big tough Oak tree the saw broke and injured his left hand severely. The medical treatment cost Sameul $8,000. Later after recovery he figured that the saw was not designed for tough trees.
a)Can Samuel rescind the contract with Sara? Explain.
b)What remedies, if any, are available to Samuel?
2.Jimmy is a seventeen-year-old who is very aware he looks as if he is about twenty-five.Jimmy went to a computer store and bought several hundred dollars of software for cash.Nothing was said or asked about his age.A few days later he attempted to return the disks, although he admitted there was nothing wrong with them.The clerk explained that unsealed software was not returnable unless defective.Jimmy then said he didn't have to accept that because he was a minor and he was disaffirming his contract.
a)In an action against the store who will prevail? Why and why not?
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