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SCENARIO 3 Tom and Miyori, a Japanese-Canadian woman, have recently become engaged. Wanting to impress Miyori's father, Mr. Hashimoto, Tom visits a Japanese antique shop

SCENARIO 3 Tom and Miyori, a Japanese-Canadian woman, have recently become engaged. Wanting to impress Miyori's father, Mr. Hashimoto, Tom visits a Japanese antique shop in Vancouver to find a present for his soon-to-be father-in-law. Ralph, the store owner, shows Tom several items but soon senses Tom's disappointment. "Wait right here," insists Ralph, "I have something in the back that just came in from a reputable dealer in Tokyo." A few minutes later, Ralph emerged with a long curved sword that catches the sun's rays streaming in through the shop window. "I know of no more honourable gift for a Japanese gentleman than this," Ralph proudly exclaimed. "This is an original Samurai sword hand-crafted more than two hundred years ago for one of the noble warriors. There are only a few hundred swords like this remaining in the world." Although hesitant at first, Ralph's words had a great impact on Tom. Tom knew that Mr. Hashimoto would be very honoured to receive an authentic Samurai sword. The cost of $135,000 seemed somewhat expensive but Tom considered it money well spent for such a rare piece of Japanese heritage. Besides, Tom had done well over the last decade in Vancouver's booming housing market so he felt he was able to afford the sword. To make the gift all the more special, Tom had a mahogany case custom built especially for the sword at a cost of $5,000. Before Tom presented the Samurai sword to Mr. Hashimoto, Miyori's cousin, Ichiro, an antiques expert who had just flown in from Japan commented that the sword was a fine reproduction that he had recently seen for sale for about $6,500 in Tokyo. According to Ichiro, this particular sword had been manufactured on a short-run assembly line in 2012 by Hong Kong Fine Reproductions Ltd. ("HKFR Ltd."). Obviously upset, Tom wants to know if he can get his money back including the $5,000 he paid for the custom built case. He is so furious about Ralph cheating him that he also wants to know whether or not the police will get involved with the matter. In your answer, you should: i) identify the issue(s); ii) discuss the relevant legal principles; iii) relate the legal principles to the facts of the situation; and iv) provide a conclusion.

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