Question
Jack is an importer of shoes and puts a notice out in a buy/sell trade magazine that he has300 pairs of ladies shoes for $2,000.
Jack is an importer of shoes and puts a notice out in a buy/sell trade magazine that he has300 pairs of ladies shoes for $2,000.
Moe is a buyer that goes to see Jack and ask him some questions.Jack takes one pair of shoes from his supply and goes to show Moe.Jack tells Moe that there are 10 different styles all ranging in various sizes from size 5 to size 12.The sample that Jack shows Moe is a leather shoe.Moe asks if all the shoes are leather and Jack says that they are.Finally, Moe says "I'll give you $1,500 for the goods and that's my final offer."Jack says:"Fine, I'll ship them out to you on Tuesday before noon. I'll need a $500 deposit."Moe agrees. He then provides Jack with the requested deposit.
When Moe receives the goods, he inspects them.He discovers that only about 50 pairs of shoes are actually leather and the remainder are "leatherette" - a synthetic composite made to look like leather.Moe calls up Jack and he's very upset.Jack explains that he didn't inspect all the shoes himself and he was told that they were all leather when he himself bought them.
Using the contract law principles that you have learned in this unit, explainthe legal positions of the parties. Who will be successful if this results in a legal dispute? Explain.
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