Question
Wily Willie sold kitchen gadgets door to door. One of his products was a tomato slicer that he stated would slice tomatoes paper thin. His
Wily Willie sold kitchen gadgets door to door. One of his products was a tomato slicer that he stated would slice tomatoes "paper thin." His sales display included a picture of a tomato cut into slices of a uniform one-millimetre thickness. The caption on the picture stated: "Look at what our slicer does to a firm ripe tomato!" The photograph was of a very firm variety of tomato, noted for its uniformity. The instruction sheet that accompanied the gadget stated that the user should "select only firm tomatoes that have not fully ripened." Users were cautioned against using fully ripe or over-ripe tomatoes.
Charlie purchased one of the tomato slicers at a price of $19.95 and attempted to slice a tomato for his lunch. He ignored the instruction sheet and simply selected a tomato from his refrigerator. The gadget mashed the tomato instead of slicing it. Charlie tried to slice a second tomato and, when the machine mashed the second tomato as well, he became angry and smashed the slicer. He then sought out Willie, who was at the next house, attempting to sell his products to Charlie's neighbour. Charlie threw the smashed slicer at the salesman's feet and demanded his money back. When Willie refused, Charlie turned to the neighbor and said: "Don't buy anything from this crook! The junk he sells doesn't work!"
- Respond to these questions:
- Identify the issues raised in this case.
- Outline the various arguments that each party might raise.
- Render a decision.
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