Question
Ms. Jones, the office manager of a real estate agency was at an office supply store to replace a filing cabinet when she saw a
Ms. Jones, the office manager of a real estate agency was at an office supply store to replace a filing cabinet when she saw a new Xerox copier. Ms. Jones assumed that the copier had the capability of enlarging the original a good feature when dealing with the small print of contracts. Ms. Jones asked for a demonstration of the copier. The salesperson said nothing about enlarging the original but did say that it was "ten years ahead of the competition", that it "was rated as maintenance free by an independent consumer research group", and that the store had "sold five to other real estate agencies in this area" and "had only one left". Ms. Jones, relying on these statements, bought the copier and asked to have it delivered. When it arrived, Ms. Jones had learned that every statement made by the salesperson had been false. Furthermore, the copier did not have the capability to enlarge the original.
Discuss the liabilities and remedies of the parties, and explain the likely result, including who would end up with the machine?
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