Question
Nicolas, a sixteen-year-old, buys a new drum set from the Trendy Music Store. His old drum set is suitable and sufficient for Nicholas to begin
Nicolas, a sixteen-year-old, buys a new drum set from the Trendy Music Store. His old drum set is suitable and sufficient for Nicholas to begin to learn how to play the drums, but Nicholas does not like the blue color of the drum set. Nicholas makes an initial down payment of $500 in cash for the new drum set, but still owes a remaining balance of $1,200 to the Trendy Music Store. On his way home from the music store, Nicholas stops at the grocery store having left the doors unlocked to his vehicle. Nicholas enters the grocery store. Unfortunately, before Nicholas had left the grocery store, a thief got away with stealing Nicholas brand new drum set. Given these facts, which of the following is generally the best assessment of the status of the parties?
a. Trendy Music can successfully hold Nicholas liable for the full cost of the drum set because he was negligent.
b. Due to his negligence, Nicholas is not entitled to a refund of his initial down payment, but he would be released from liability for the balance owed on the drum set.
c. Nicholas is entitled to a refund of his down payment and would be released from liability for the balance owed on the drum set.
d. Trendy Music can successfully hold Nicholas liable for the reasonable market value of the drum set because the drum set, given the facts stated, would likely be considered a necessity.
e. Nicholas is freed from any liability due to fraud by Trendy Music.
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