Question
Raymond is an only child, in his late 40s, unemployed and still single. He is under constant pressure from his parents (whom he has been
Raymond is an only child, in his late 40s, unemployed and still single. He is under constant pressure from his parents (whom he has been living with) to find a suitable wife. They are concerned that if he takes too long to get married, they might not be around to see any grandchildren.
One day he retrieves a printed brochure in his mail box. He reads the pamphlet and to his delight discovers that a company called Top Gum Pty Ltd is promoting its product a double mint chewing gum called the 'Real Deal' for sale.
The Real Deal is sold at the retail price of $90 per box (each box contains 90 pieces of gum). According to the advertisement, any consumer who chews a new piece of the Real Deal gum daily for 20 minutes will experience a significant reduction in plaque bacteria which causes bad breath.
It further states that a full refund will be made if there is no significant reduction in bad breath observed by the consumer at any time during the initial testing period of 90 days ("Trial Period"). To further support its claim, a bonus of $10 will also be made to any customer that is unable to secure a date at any time during the Trial Period.
The advertisement specifies the address of the physical shop where the purchase can be made. Raymond immediately visits the physical shop and pays $90 in cash for a box of the Real Deal. He chews the gum in his mouth daily for 80 days consecutively in the prescribed manner. He also increases his efforts to find a date during that time.
Unfortunately for him, all his efforts proved futile. There has been no success in finding a date. He has sent an email to the company requesting a full refund as well as the bonus but the company has not responded to his email. This whole exercise for such an extended period of time has caused him and his parents a lot of disappointment and distress. He has since moved out of his parents' home to avoid further anguish.
REQUIRED
Advise Raymond in contract law if he is entitled to the $90 refund, the $10 bonus and/or any other remedy.
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