Question
Maria and Ted went to a local jewelry store to buy something for Maria to mark their 24 th wedding anniversary.In the display case they
Maria and Ted went to a local jewelry store to buy something for Maria to mark their 24thwedding anniversary.In the display case they saw a necklace featuring a mix of beads in pinks, yellows, greens, oranges, and browns, with a tag stating "Turquoise necklace - $150".They purchased the necklace and were issued a receipt that stated "No Refunds" on the bottom of the slip.They showed the necklace to a neighbor the next day.The neighbor, who was a member of a rock club, laughed and said, "That's not turquoise, and it's not worth $150!"
They returned to the store the next day, but the store owner refused to give them a refund, pointing to the "No Refunds" statement on the bottom of the receipt and insisting that the necklace was in fact turquoise.
Maria and Ted took the necklace to a gemologist certified by the Gemological Institute of American (and a master gemologist appraiser with the American Society of Appraisers).The appraiser told them that the necklace might contain some trace amounts of turquoise in it, but it clearly did not consist of turquoise stones.
An expert hired by the seller doubted at first that the necklace contained any turquoise, but changed his mind after testing the material by cutting a couple of the beads in two;that expert said, "It cut like turquoise and smelled like stabilized turquoise.I'm not thrilled about the material - it's highly treated turquoise.But it's turquoise."He also said, "If there's some turquoise in a strand, industry standard says it's fair to call the necklace turquoise."
Turquoise may consist of stones, or of residue from mining and processing turquoise stones.In the industry, materials known as "natural" or "stabilized" turquoise is made by adding clear resin (but no dye) to the residue to form beads consisting primarily of turquoise residue; alternatively materials known as "reconstituted" turquoise may contain resin, dye, and turquoise residue.
Eventually, the seller stated that he would be willing to give a refund of the purchase price, notwithstanding the "No Refunds" statement on the receipt, "if the buyers are nice".
Can Maria and Ted rescind the contract for the purchase of the necklace, even if they are not nice?Discuss.
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