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Big Deals Case Presentation

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by

Brandon Tomash

on 1 April 2013

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Transcript of Big Deals Case Presentation

Len sue Big Deals

cannot sue Avenue

will sue in contract (doesn't have to prove any duty of care) Avenue Cannot sue Len for breach of contract (privity)

Can sue Big Deals for breach of contract Big Deals not suing anyone

return down-payment OR replace computer Probable Court Outcome Likely Court Decision court will make big deals change contract to reflect maximum
of 5% annually

put Len back to original position (rescission)
- choose whether wants computer replaced
OR
Void contract(get back down payment) LEN Brandon Tomash
Tisha Peters-Weekes
Sebastian Aranguren Sanchez
Yiling Zhang
Mohammed Ouda KHAN "I have just
what you need" most up to date technology anywhere leading edge of computer development
would be current for years to come
upgradeable when advances beyond its capabilities were finally developed, "not that Len would ever need anything better"
would run all current, most developed software what everyone is using nowadays
extremely fortunate to find one in the store that hadn't been sold yet
"better take it because they are going fast" "If you buy the package
I'll throw an answering machine at
no extra charge" extended warranty
"office" software bundle
$4,800 Deferred payment plan:
conditional sales contract
Big Deals retained security interest
until loan paid in full paid down-payment of $500
agreed to repay balance over 4 years with interest at 2% per month Khan not salesman,
just trainee, not
authorized to make
sales alone Can't help Len because earlier
that day we assigned the
conditional sales agreement
along to Avenue Finance Ltd. Points out the small print of contract:

"All sales were final"

"unless product actually defective... no warranty implied"

"Any statements made by salesperson
or otherwise that were not specifically
included within the written contract were
void and of no effect" "Out of luck" RUTH Later that week... Avenue Financial Legal Issues Goods not fit for purpose
Statement of Fact
Negligent misrepresentation
Vicarious Liability
Assignment – chose in action
Sale of Goods Act
Interest Rate
Standard of Care
Privity of Contract (Novation)
Contract vs. Tort AFL was assigned the conditional sales agreement by Big Deals

Len was not made aware of this until he returned to Big Deals with the problems

AFL will be able to successfully sue Big Deals based on the fact that the interest rate was stated as a monthly, not annual rate.

AFL will be able to enforce Len pay his bills, if they can prove they had no prior knowledge of the issues that arose.

Novation does not apply in this case because there was no notification/agreement Avenue Finance Ltd. Vicarious Liability Khan is an employee at Big Deals
Trainee = Employee ->The control test
Khan committed negligent misrepresentation


Big Deals commits negligent misrepresentation Negligent Misrepresentation Allegation of Fact – “Most up to date technology available anywhere” – “computer would run all current software that was available”

Silence or non-disclosure - There must be some actual communication of information

False statement – The computer Len had been sold was an older model and it would require a complete removal and replacement of the mother board to run some newer software

Statement must be Inducement – Len was misled into buying that specifically equipment Contract vs. Tort Len tried to use computer...
- hard drive not big enough to load software
- slow
- unnecessary software
- didn't work Get advice from a professional and do research before making a large investment

read fine print before signing any contract

ask questions about contract that are not clear

Seek the advice of a lawyer if being sued

Know your rights as a consumer Purchased equipment for his business that he could not use

Told he no longer had contract with Big Deals- turned over to Avenue Finance

Not paying the monthly payments as per contract

Len can sue Big Deals for negligent misrepresentation

Trying to get Down payment back OR have computer replaced

Decide whether to sue in Contract or Tort Responding as a Sophisticated Client Thank You for watching Sophisticated Client - confident ( not in awe of lawyers)
- knowledgeable
- up to date (can search relevant legal terms online)
Full transcript