Rashid Omaneka is the owner of a family-run shop called The Bike Place in Solihull. The shop
Question:
Rashid Omaneka is the owner of a family-run shop called "The Bike Place" in Solihull. The shop sells any type of bicycle, non-electric scooters, and skateboards. At the beginning of February 2023 Rashid's supplier suggests him a brand new non-electric scooter, the "Beast 2000", with these specifications: "a versatile, sturdy, and robust scooter, ideal for riders above 1.5m practicing freestyle at the skatepark, and for doing tricks on the street. Made of aluminium, maximum load 80 kg".
"The Bike Place" is located just in front of the local secondary school, and Rashid is convinced that the "Beast 2000" will become very popular among students.
On 15th February 2023, he orders 30 scooters, with the plan to resell them at around £150 each. He receives them one month later, on 20th March 2023.
Since the Easter break is approaching, Rashid decides to attract new young clients from the local secondary school with a promotional sale for the next weekend. With this aim in mind, on 22nd March he puts a poster outside his shop with the following text:
"Special sale on Saturday 25th March!
Get your Beast 2000, the perfect stunt scooter for your tricks and freestyle! Only £99,99, instead of the standard price £149,99.
Only 5 available, first come, first served!"
Monica Brown lives in the neighbourhood, and she has known Rashid for ages. She is 32 years old and a friend of her, Fatima, is getting married. Being in charge for the organisation of the hen party (scheduled on Saturday 1st April) together with Carol, another common friend, Monica believes that having the scooter for the party could be real fun. So, on 25th March at 9.00am, when the shop opens, she is ready to buy the "Beast 2000"; in fact, she is the first client entering the shop. At her request, however, Rashid replies that the promotion is reserved to students aged 13-17 of the local school, as the scooter is not intended to be ridden by adults. Monica complains that this is unfair, and that Rashid should sell it to her anyway, but he refuses. Being slightly upset, she immediately leaves the shop. Shortly afterwards, at 9.15am, Monica rings Carol, who has a 14-year-old daughter, and invites her to come to the shop as soon as possible, so that they can get the discount. Unfortunately, by the time Carol arrives there with her daughter, at 10.30am, the 5 scooters on promotion have already gone.
Monica and Carol are both unhappy, but the idea of Fatima playing with the scooter during the hen party is too tempting, and so they decide to buy the "Beast 2000" for the full price of £149,99. Fatima is pretty small (158 cm) and
skinny (46 kg), so they both believe that the scooter can fit her. Just to be reassured about this, they describe Fatima to Rashid, and he replies by exaggerating a bit: "oh, of course, she can ride this: it is pure aluminium and may hold up to 100Kg!". At this point Monica decides to buy the "Beast 2000" as a gift for Monica's party and specifies that she wants a bright pink scooter, to be delivered to Fatima's address on 1st April, at midday.
Rashid confirms that the colour is available and agrees to be paid after delivery, on the first working day (i.e., the following Monday 3rd April). The scooter arrives at Fatima's place on time in a fancy box and a label saying: "Open me and have fun at your party!" - she immediately realizes it's a gift from Monica. The scooter, however, is not bright, just standard pink. Thrilled about her new scooter, Fatima jumps on it and invites her young nephew Umar to ride the scooter with her in the garden of the house. They have great fun for the first 10 minutes, but suddenly the rear wheel falls off. When this happens, Fatima reads the specifications of the "Beast 2000": she discovers that they indicate a maximum load of 80kg and regrets she did not check before. A bit disappointed and feeling guilty, she calls Monica to thank her for the gift, and apologises for her mistake. Monica remembers perfectly that Rashid promised the scooter could hold up to 100Kg and gets irritated. Not only did she pay the full price, but Rashid gave her dishonest information. Of course, she is also angry because they cannot use the scooter at the hen party, and when she discovers that it is normal (and not bright) pink she rumbles "ok, enough is enough!".
On Monday, when she goes back to "The Bike Place", she refuses to pay any money. On the contrary, she wants a new "Beast 2000" for £99,99, as for the original offer. After listening to her,
(1) Rashid repeats that Monica was not entitled to the discount, and this was explained to her. In fact, she accepted to pay the full price, and he does not understand now her late complaint.
(2) Second, the colour was correct: Monica did not ask explicitly for a fluorescent pink.
(3) Third, he may have exaggerated a bit about the 100kg, but Monica described Fatima as small and skinny, and he gave his comment about her riding the scooter. Moreover, Fatima should have read the specifications of the "Beast 2000" before riding it with her nephew.
For all these reasons, Rashid denied any responsibility for what happened and argues that the item is not covered by standard guarantee, due to inappropriate usage. He urges Monica to pay what is due (£149,99) within one week time, otherwise he will sue her for breach of contract.
South-Western Federal Taxation 2020 Comprehensive
ISBN: 9780357109144
43rd Edition
Authors: David M. Maloney, William A. Raabe, James C. Young, Annette Nellen, William H. Hoffman