A Disclaimer That States 's Return Policy Of 14 Days For A Full Refund

761 Words Nov 15th, 2016 4 Pages
Northeby can argue that they have a disclaimer that states their return policy of 14 days for a full refund. It also goes on to explain that even though they try to make sure each piece is authentic, there is no guarantee in regards to authenticity. Tom failed to comply with the terms of the return policy which was on the back of the auction ticket. Tom’s insurance company determined the paintings non originals on February 25th. This was 10 days after the purchase date, Tom still had four more days to return the paintings. Instead of returning the paintings Tom made the decision to present the pieces in his art gallery on April 15th. This was two months after he discovered the paintings were not authentic, which shows he was trying to reap the benefit of the contract before he tried to return the paintings for more than the purchase price. Tom was negligent as he failed to address the issue with the unauthentic paintings at the time it occurred like a reasonable person would have.
Tom will argue that there was misrepresentation as he was not informed of the return policy. This will most likely not be considered a valid defense as he failed to address the issue as it occurred but instead waited and used the paintings for his benefit. A reasonable person would have assumed that if there was a return policy it would be valid in the first 14-30 days after purchase. Also Tom failed to mitigate any damages he had incurred from the paintings being overvalued, instead he held on to…

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