Question
Steven is a door-to-door salesman who has been going around his neighborhood selling used video game controllers. At one house on his sales route he
Steven is a door-to-door salesman who has been going around his neighborhood selling used video game controllers. At one house on his sales route he encounters, Jason, a 16-year-old who is a serious gamer. Steven pitches Jason on a new universal controller that he's selling which he claims will work with any gaming console. Jason is excited to try it out, but after signing the sales agreement and paying for the controller he realizes that Steven was lying about the controller's universality, and that the controller only works with one of Jason's consoles. Unperturbed, Jason continues to use the controller. Four years later, when Jason is 20 years old, the controller breaks and stops working. Jason finds Steven's business card, calls him, and demands back the money he paid, saying that they never had an enforceable agreement in the first place. Steven and Jason reside in Toronto.
- What legal principle(s) would Jason rely on to prove that the original agreement was legally unenforceable? Explain the relevant legal principle(s). (2 marks)
- Steven argues that Jason has ratified the contract through his conduct after the transaction. Define ratification, and explain how a court would apply that concept to this situation. (2 marks)
- Imagine that the original contract was legally valid and enforceable. Does Jason have any other causes of action available to him, either in contract or in tort. If so, what defence might Steven be able to bring to any such action? (4 marks)
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