Case Analysis : Davey Jones ( Dj ) Essay

718 Words Oct 14th, 2014 3 Pages
Davey Jones (DJ) had an incident with a used ship he purchased from Captain Jack Sparrow (CJS) Inc., where upon the ships first use and under reasonable conditions the ship was found to be taking on water and required rescue. DJ is considering litigation against CJS Inc. for this incident, in which case DJ would be the plaintiff and CJS Inc. would be the defendant. In this fact scenario DJ had contractual rights under the common law. It should also be apparent that litigation should not be taken against the salesperson who assisted DJ with the purchase, as vicarious liability which should protect her because she was simply acting within the ordinary course of employment as an agent of CJS Inc. (e.g. allowing DJ to inspect the ship prior to purchase) (DuPlessis et al. 2011)
Upon the sale of the boat between DJ and CJS Inc. a contract was created. This contract is likely written due to the amount of money being transferred, but regardless, whether written or oral, the transaction process (i.e. the sale and reception of a good) constitutes the formation of a contract (DuPlessis et al 2011.). This contract meets the objective standard test and both parties had equal bargaining power, as even though CJS Inc. was under greater pressure to sell the boat because it was used and therefore carried associated storage costs, it would be challenging for the defendant to prove that upon point of sale that they were under economic duress (DuPlessis et al 2011.). This does not seem to be…

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