Question

My grandmother, Hazel, loves door to door salesmen. She particularly likes that they take up a bit of her day and always compliment her house and the cookies she offers. On a boring Tuesday afternoon Hazel heard the chime of her doorbell and excitedly open her door to Henry, a Kirby Vacuum Salesman. Henry, after a rather elaborate presentation of what the vacuum could do, as well as a hefty amount of praise for her homemade cookies, convinced Hazel to buy the $999.95 vacuum. Henry was very clear that she could make low monthly payments on the amazing vacuum. Shortly after signing the contract, Hazel realized two things: (1) she could not really afford the vacuum, and (2) she really liked the vacuum cleaner she had. What are Hazel’s rights?

(Business  law 1090)

Answer 1

At an agreement of two parties in which one party offers something and the other party accepts it is a legal binding and becomes a contract.

Here, a contract executed between the grandmother and the salesman. Later it is realized by a party, the grandmother, that she is incapable to meet a term (afford to pay the price) of the contract; the grandmother may ask to the other party to ratify the contract with a price-slashed or easy payments; but she may not do it, since she already has a cleaner with her which she likes – it implies that she doesn’t want to get into the contract; therefore, the question of ratification doesn’t arise here and the contract becomes void; in that case the grandmother has not rights of escaping but has to pay penalty if claimed by the salesman through court.