Question
Joe was a door-to-door sales representative in the business of selling portable television sets.He approached the home of Mrs. Gull, where he talked to her
Joe was a door-to-door sales representative in the business of selling portable television sets.He approached the home of Mrs. Gull, where he talked to her and convinced her to buy a television plus a video recorder.Because Mrs. Gull desperately wanted to watch a CFL football game that afternoon, she wanted immediate delivery.Joe explained that the only set he had was the one that he had already demonstrated.Mrs. Gull agreed to take the demonstrator TV at once with the video recorder delivered later.Mrs. Gull told Joe that she was anxious to have a recorder to tape future games.Joe assured her that she had made the right choice and went out to his car to get the box and the cable necessary to hook up the set.As Joe was returning to the house, he watched in disbelief as a piece of metal that had separated from an airplane flying overhead crashed into the roof of Mrs. Gull's house.He rushed into the house to discover that the damage was limited to the TV Mrs. Gull had just placed in her living room.He immediately sympathized with Mrs. Gull but presented her with a bill for the set.Three days later the video recorder was delivered.When Mrs. Gull tried to hook up the video recorder to another TV (one that she had bought from a local television store) she found that the recorder wouldn't work.It turned out that the particular video recorder purchased from Joe could only work with the model of portable television that Joe was selling.Mrs. Gull went to the expense of going to her local electronics store and having the video recorder modified so that it could work with the television set that she had bought.She then discovered that the football game signals were scrambled in such a way that they couldn't be video recorded by private individuals in any case.Mrs. Gull refused to pay for the television set and insisted that Joe take back the video recorder.
Explain the legal positions and liability of the parties.Some questions to consider are;
- What is the impact of the Sale of Goods Act on this situation?
- What is the impact of the Consumer Protection Act on this situation?
- What are other legal issues related to tort law?
- What are other legal issues related to contract law?
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started