Billy, a door-to-door salesman is selling his newly engineered face cream. He meets EmmaLee, a 45-year...

Transcribed Image Text:

Billy, a door-to-door salesman is selling his newly engineered face cream. He meets EmmaLee, a 45-year old woman, who is trying to reduce her wrinkles. Billy tells EmmaLee that he is so certain that she will be satisfied with the cream that after one month of use, if she's not satisfied, she will not have to pay for the cream. After one month, EmmaLee still sees her laugh lines and decides that she is not satisfied with the results as compared to the cost of the cream. She tells Billy that she will not be paying the balance of the fee for the cream. Billy exclaims that since she used it, she has to pay for it and sues EmmaLee for the balance. Will Billy be successful in his lawsuit? 1. What is the issue in this hypo? (What is the legal question that must be answered to determine if Billy will be successful with his lawsuit against EmmaLee?) 2. Please identify and define the rule that will determine whether or not Billy will be successful in this lawsuit. 3. What is your conclusion (will Billy be successful in obtaining the balance of cost from EmmaLee)? Please explain your conclusion by applying the facts to the applicable rule. Finally, let's assume that the court finds in favor of Billy-meaning EmmaLee breached the contract by her non-payment. 1. Please identify and define the type damages that Billy will seek. 2. Explain why those are the damages that Billy will seek. Billy, a door-to-door salesman is selling his newly engineered face cream. He meets EmmaLee, a 45-year old woman, who is trying to reduce her wrinkles. Billy tells EmmaLee that he is so certain that she will be satisfied with the cream that after one month of use, if she's not satisfied, she will not have to pay for the cream. After one month, EmmaLee still sees her laugh lines and decides that she is not satisfied with the results as compared to the cost of the cream. She tells Billy that she will not be paying the balance of the fee for the cream. Billy exclaims that since she used it, she has to pay for it and sues EmmaLee for the balance. Will Billy be successful in his lawsuit? 1. What is the issue in this hypo? (What is the legal question that must be answered to determine if Billy will be successful with his lawsuit against EmmaLee?) 2. Please identify and define the rule that will determine whether or not Billy will be successful in this lawsuit. 3. What is your conclusion (will Billy be successful in obtaining the balance of cost from EmmaLee)? Please explain your conclusion by applying the facts to the applicable rule. Finally, let's assume that the court finds in favor of Billy-meaning EmmaLee breached the contract by her non-payment. 1. Please identify and define the type damages that Billy will seek. 2. Explain why those are the damages that Billy will seek.