QUESTION
Will Winston be obligated to honor Graham's rescission demand?
Asked on Oct 02nd, 2013 on Litigation - Wisconsin
More details to this question:
Anne Graham and Ted McCaslin entered into a contract which obligated Graham to sell her CD player to McCaslin. At the time, Graham was only seventeen. Graham turns the CD player over to McCaslin and receives $450 from him in return as agreed. Two weeks later Graham learns that McCaslin resold the CD player to Vaughn Winston for $550. Graham elects to rescind her contract with McCaslin and demands that Winston return the CD player to her. Explain.
2 ANSWERS
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No. Winston is a good faith purchaser who had nothing to do with the deal between McCaslin and Graham. Graham got what she wanted for the sale of her CD player. The fact that McCaslin made a profit is irrelevant. Graham is upset because she probably figures she could have gotten more. Is the contract void because Graham was a minor (under 18)?? Doubtful because Graham was not "injured" by the deal. She got exactly what she asked for. Had McCaslin elected not to sell the CD player, would Graham be seeking a rescission? Doubtful, because the facts indicate that the only reason she is asking for a rescission is because McCaslin sold it for more than what he paid for it. Sounds like sour grapes on the part of Graham and a good economic move on the part of McCaslin. Winston is an innocent purchaser in good faith. Deal is closed.
Answered on Oct 03rd, 2013 at 2:23 PM
Will a law student who plagiarizes answers from a Q&A website be subject to discipline? If a law student posts questions he or she needs to answer for class on a free general information website, submits the answers as his or her own, and gets caught, what will be the consequences?
Answered on Oct 03rd, 2013 at 9:10 AM