Author Question: Nelson took her computer to ABC Computer for repairs. ABC repaired the computer at a cost of 350 and ... (Read 253 times)

DelorasTo · **on:** Jun 24, 2018

Nelson took her computer to ABC Computer for repairs. ABC repaired the computer at a cost of 350 and informed Nelson that her computer was ready. Before Nelson came to pick up her computer, ABC was burglarized and Nelson's computer was taken. ABC had a commonly-used alarm system that was operating properly on the night of the burglary, and all the doors and windows were properly secured. Nelson sued ABC for the cost of the computer. ABC denied any liability and counterclaimed for the 350 in repairs. Who will win?

Question 2

Steve Thompson has made an offer to purchase a home on a short sale from First Third Bank for 120,000. The bank has responded by e-mail indicating that it will consider the offer. At the end of the e-mail is this language: E-mails and the language in e-mails are not considered offers or acceptances for purposes of formation of a contract. First Third Bank is not bound by any e-mail communications regarding the purchase or sale of property. All offers and acceptances must be handled through the bank's sales office. Later Steve e-mails the bank back and reiterates his offer. A bank employees e-mails back, We have your offer and are processing the paperwork now. It is accepted. Which of the following is correct?
A)Steve has a contract for the purchase of the home at the time the bank employee sent the e-mail.
B)Steve does not have a contract for the purchase of the home.
C)Steve has a contract for the purchase of the home at the time he receives the e-mail from the bank employee.
D)Steve has a contract when the sales office calls him to tell him the bank is accepting.

rekilledagain · **Reply #1 on:** Jun 24, 2018

Answer to Question 1

Judgment will be for ABC for 350. ABC had exercised due care by securing its premises and having a commonly-used, properly-working alarm system. As a result, Nelson, the bailor, must bear the loss of the bailed property (the computer). Additionally, because ABC had performed the requested services (repair of the computer) before the computer was stolen, and because the computer was stolen through no fault of ABC's, ABC is entitled to be paid for its services.

Answer to Question 2

B