Lululemon rented a commercial building from The OC Company and operated their business in it. The building’s large front window was smashed by vandals six months before the expiration of the lease. Lululemon, who was obligated to pay for repairs in such cases, promptly contracted with First Glass to replace the window for $2,000, due 30 days after satisfactory completion of the work. The OC Company was unaware of the contract between Lululemon and First Glass. First Glass knew that the building was under lease, but he dealt entirely with Lululemon. Sixty days after First Glass’s satisfactory completion of the window replacement, and prior to expiration of Lululemon’s lease, Lululemon, then insolvent, ceased doing business and vacated the building. In so doing, Lululemon forfeited its right to the return of a $2,000 security deposit with The OC Company. The deposit had been required for the express purpose of covering any damage to the leased property. The only such damage that occurred during Lululemon’s occupancy was the smashed window. Upon vacating the building, Lululemon mailed a $1,000 check to First Glass, bearing on its face the following conspicuous notation: “This check is in full and final satisfaction of your $2,000 window replacement bill.” Without noticing this notation, First Glass cashed the check and sued Lululemon for the $1,000 difference. If Lululemon’s only defense is accord and satisfaction, is Lululemon likely to prevail?
Author: Anonymous
Decon (“D”) is poor and lives in the inner city. After losin…
Decon (“D”) is poor and lives in the inner city. After losing his job at a restaurant when it went out of business, D decides he should get an inexpensive computer to help his job search by using online resources. D does not own a car. So, D walks about a mile to the nearest computer store Perkins Computers (“P”). D explains his need to use the computer to search for jobs and fill out online applications. D also states the computer would help him become better educated through watching educational videos. D would like to go back to school through the internet and complete high school. D also indicates a desire to use the computer to fill the empty hours with entertainment. It is evident to Payson, the P salesperson, that D does not know anything about computers. D has often come down to P to look at the computers but has never purchased one. Payson has told D that Payson is an expert on computers and wants to be a friend and help D get a computer. P shows D a small laptop computer, the MX12 by Bitco Inc. One of the MX12s is on a counter and is showing videos on YouTube. D is shown a written installment contract to buy the computer. The contract is 10 double-sided pages long and is in 10-point type. Deep in the text is an unlabeled sentence in regular size print saying “This sale is as is. There are no warranties.” D reads part of the first page of the contract and realizes that it is in such dense legal terminology that it cannot be understood by him. D asks if the sale could be put off for a few days so he can talk to someone about the terms of the contract. Payson explains that this would be inadvisable as the MX12 is on sale right now, but the price is about to go up 35% due to civil unrest in Mongolia. D goes ahead and signs. The first installment is $50. D is to pay $50 per week for two years. If a payment is more than two weeks late, the computer can be repossessed. When D gets home, he tries to use the computer to get on the internet but cannot figure out how to do so. D asks a teenager, Tony, living in the apartment next door, for help. After spending some time with the computer and explaining to D about wireless internet providers, Tony tries to log in to his own family’s wireless, offering to let D use it, only to discover that the computer has no ability to connect to the internet via wireless. D looks for a port that could be used to connect to an internet modem or network, but the computer has no ports. Tony suggests that the only thing it does is allow him to take and save notes and play a few pre-installed games. Tony asks what D paid. Tony says he thinks the computer is only worth about $75. D is discouraged and makes no more payments. P repossesses the computer and files suit seeking a judgment for the balance due under the contract. Assume the contract is valid and enforceable if there are no defenses. What defenses or other legal arguments can be made on behalf of D?
选词填空 Fill in the blanks. Each word can only be used ONC…
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