Question

irac method for the 4 questions

John was speaking to his niece, Sarah, about her progress in university. Sarah said that in order to keep up with classes, she needed a new computer, as her present computer was too old to run some modern software, such as Nix 100. John said he would like to help, and promised Sarah to get her a more modern computer to help with her studies. Two days later, John went to CompStore, a computer store, and asked the sales clerk to suggest a computer that could run Nix 100. CompStore, and its sales clerks, deal with John on a regular basis, as he supplies all keyboards that the store sells, and visits the store on a monthly basis to take keyboard orders. The sales clerk, busy with a store report and another customer at the other end of the store, pointed at the Tornado 2000, which was priced at $3,000. The clerk then pointed to a reduced price of $2,500. John asked when it would be ready. The clerk pointed to a date on a nearby wall calendar to signify that it would be ready in two weeks. John left the store without another word. The next day, John received a letter from Sarah, saying that she was looking forward to receiving the computer. John forwarded the letter to CompStore. CompStore started working on getting the computer ready based on John's question as to when the computer will be ready as well as the letter forwarded by John. A few days later, John and Sarah got in an argument, and John said he would not buy her the computer. The next week, the sales clerk from CompStore called John to inform him that the computer was ready, and that he should come to CompStore to pay and pick it up. John said he didn't want the computer, but the sales clerk insisted that he had made a contract for it. John did not want any trouble, so he went to CompStore, complained briefly that he did not think this was fair, as the sales clerk did not utter a single word, then paid for the computer, and was given a receipt and the computer. He sent the computer to Sarah, since he had no use for it. When Sarah set the computer up, she was disappointed to realize that it would not run Nix 100. She called John, but he would not accept her calls. She went to see CompStore, but the clerk at CompStore said he had never seen her before, and hadn't made a contract with her, so she had no right to complain about the functioning of the computer. The clerk then said that he could sell her a $500 memory upgrade for the Tornado 2000 that would allow it to run Nix 100. Sarah refused. Using the IRAC method, answer the following questions: (i) Was there at any point a contract between John and CompStore for the sale of that computer?, (ii) Would there be a legal cause of action available to John for the fact that the Tornado 2000 would not run Nix 100? , (iii) Without the help of John, does Sarah have any legal cause of action against CompStore?, and (iv) Assuming John or Sarah was successful in suing CompStore for the failure of Tornado 2000 to run Nix 100, what remedy would a court likely order CompStore to provide?

Answer 1

Answer:

Following the IRAC technique,

i)ISSUE:-The issue is that there was not a genuine agreement between the seller and purchaser. And afterward the vendor doesn't give the right PC as John paid him the amount,the one he requested. At the point when Sarah understood that it's not accessible so she went for grievance against the device. Yet, he denied as she was the one he dealed with.

ii)RULE:-So the standard is that there ought to be a bill which ought to contain the amount and device name with the dealer and purchaser. Without the bill there is no hope .-

APPLICATION: based on the standard, John was given the receipt containing the sum and name of the PC. So he can file the case against the Compstore. Truly a lawful activity should be done, as the sales agent himself requested that John purchase Tornado 2000 with the goal that it could run Nix 100.

Conclusion: iii)So without the help of John Sarah can't make any legal action as she doesn't have the receipt with her. iv)Like on the off chance that we expect that Sarah and John got successful in suing the Compstore then the court will give orders for displacing the PC and updating the memory for Tornado 2000 that would enable it to run Nix 100. With no extra cash, as John has just paid the amoiam to sales clerk.