Janet Durham Orally Agreed to Purchase Certain Computer Hardware Priced

question 12

Essay

Janet Durham orally agreed to purchase certain computer hardware priced at $10,000 from Ted Stallings. The sale of the hardware also included a one-time setup service visit priced at $100. The total contract price amounted to $10,100. The computer hardware was delivered and set up, and Durham paid $10,100. Afterwards, Durham discovered that she could obtain the same goods and services from another seller for a total contract price of $9,100. She now seeks rescission of the contract, based on the fact that more than $500 in goods were involved in the sales transaction, that the contract between her and Stallings was subject to the statute of frauds as a result, and that the oral agreement between them was therefore unenforceable. Durham wants to return the computer hardware to Stallings, and receive reimbursement of $10,000 (She is willing to waive her claim to reimbursement for the $100 setup service visit.) Evaluate Durham's legal position in this matter.

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Definitions:

Crickets

Insects of the order Orthoptera, known for the chirping sound males make by rubbing their wings together, often associated with summer nights.

Ultrasonic Bat Calls

High-frequency sound waves emitted by bats for navigation and locating prey, inaudible to most other species.

Intensity Threshold

The minimum level of stimulus intensity required to trigger a detectable response or reaction.

Sound Frequency

The number of sound vibrations or cycles per second, usually measured in Hertz (Hz), determining the pitch of the sound.