Birinder was considering the purchase of a laptop computer, but he was not yet sure exactly what

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Birinder was considering the purchase of a laptop computer, but he was not yet sure exactly what he needed. He visited Singh's Computer Shop and explained his situation to the saleswoman. She said that she would try to find something appropriate. The next day, she sent a laptop to Birinder's home, along with a note that said, "Take a look at this one. If it suits your needs, you can buy it. If not, just let us know and we'll come around to collect it. We have to insist, however, that you not use it until you've decided to purchase." After examining the unit, Birinder was impressed, but he decided that he would try to find the same model at a different shop for a lower price. He therefore telephoned Singh's and left a message on the answering machine: "Many thanks for the suggestion. I have, however, decided that I don't want the laptop that you sent over. You can come by to retrieve it." Immediately after hanging up, however, Birinder realized that he would need a computer to write a major assignment for his business law course. He therefore used the laptop that he had received from Singh's. Once that was done, he packed up the computer and returned it to the computer shop. The saleswoman seemed surprised to see him. "Didn't you get my message?" Birinder asked. "No," she said, "our answering machine broke. Why, don't you want the unit?" Birinder then explained the whole story, including his use of the computer. "Well, then," said the saleswoman, "it's too late. You've already bought yourself that computer." Is she right? Do the parties have a contract?

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Managing the Law The Legal Aspects of Doing Business

ISBN: 978-0133847154

5th edition

Authors: Mitchell McInnes, Ian R. Kerr, J. Anthony VanDuzer

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