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:

Leak

The unauthorized release of confidential information or the escape of a liquid or gas through a hole or crack.

Landlord

A person or entity that owns property and rents it out to individuals or businesses, often under a lease agreement.

Implied Warranty

A guarantee inferred by law that a product or service is fit for the purposes for which it was sold, even if not explicitly stated.

Habitability Requirement

Legal stipulations ensuring that rental properties meet basic living and safety standards, protecting tenants from unsafe or unsanitary living conditions.