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.

---

Definitions:

Defense Mechanism

A means used by the ego to defend against anxiety and to maintain self-esteem.

Metaphor

A figure of speech in which a word or phrase is applied to an object or action to which it is not literally applicable, suggesting a similarity.

Devil

A supernatural entity, often regarded as the chief antagonist of good in various religions and mythologies.

Id

The part of the mind in psychoanalytic theory responsible for instinctual impulses and demands for immediate satisfaction.