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:

Cholinergic

Pertaining to cells or substances that release or are activated by acetylcholine, a neurotransmitter.

Intraocular Pressure

The fluid pressure inside the eye, crucial for maintaining the eye's shape and proper function, with abnormalities potentially leading to glaucoma.

Exophthalmometry

The measurement of the protrusion or bulging of the eyeball, often used to assess conditions like exophthalmos in diseases such as Graves' disease.

Gonioscopy

A medical procedure used to examine the anterior chamber angle of the eye, important in diagnosing and managing glaucoma.