Question
Lisa purchased a beautiful Yamaha grand piano from The Piano Store for $27,000.When the piano was brought into her home it was badly scratched and
Lisa purchased a beautiful Yamaha grand piano from The Piano Store for $27,000.When the piano was brought into her home it was badly scratched and Lisa refused to accept it and had the delivery people take it away.The Piano Store offered to deliver another identical Yamaha piano for the same price, however, it told LIsa it would take a few weeks to locate another piano that was just like the one she had purchased.LIsa, who was upset, purchased the same model / year of Yamaha grand from Music Outlet, a competitor of The Piano Store for $31,000.She sued The Piano Store in Small Claims Court for $4,000 ($31,000 less $27,000).
A lawyer for The Piano Store claims Lisa has no legal right to $4,000 since The Piano Store accepted responsibility for the damaged piano (claiming it was damaged by the delivery people) and offered to replace the damaged piano with the same type of piano for $27,000 (original contract price).Lisa points out to the judge that the piano typically sells in the $30,000 to $35,000 range and that the $27,000 was a sale price.She said she would have waited (who wants to pay $4,000 more?) but she is a piano teacher and had just moved into a new house.She could not wait a month for a piano (though she had refused the offer of a loaner piano by The Piano Store).Who should prevail in this case?Explain.
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