关于法律问题..赶!! 边个可以帮我

2009-08-20 3:39 pm
有边个可以帮我依条法律问题:
Genevie went shopping with her grandmother for a 18th birthday present. Her grandmother said she would like to buy her a ruby ring for her birthday as her own grandmother had bought her a ruby ring for her 18th birthday many years before. They went to XXJewellers and asked to look at a pad of rings in the window which was labelled,' Rubbies and other precious stones.' The top half of the pad contained rings with red stones which genevieve assumed were rubies. The bottom half of the pad contained rings with blue and green stones which genevieve assumed were sapphires and emeralds. Genevieve said she was looking for a red stone. She said," The rubies are lovely aren't they?' She selected a ring which was a little paler in coulour than most of the others and was pleasantly surprised to find that it was a little cheaper as well. Her grandmother paid the money and took it home, wrapped it up and presented it to genevieve on her birthday. Genevieve proudly showe it off to one of her friends, a student of gemmology. 'this is unusual he said. i haven't seen a pink sapphire for some time.'

Genevieve and her grandmother were very disapointed and they thought they bought a ruby.

so Both of them are very disappointed that the stone is not a ruby. the ring is valued at what they paid for it. A

Advise whether Genevieve or her grandma have any legal rights to return the ring.

( Need Not consider the Sale of Goods Act or the Trade Practices Act in your answer.)

希望有人可以尽快帮我啦..求.!!!
可悟可以reply in English (IRAC format) : Issue, Relevant law, Application and Conclusion.

只需要800字...
悟该...!!!

回答 (2)

2009-08-21 10:52 am
✔ 最佳答案
The issue is whether G has any legal right to return the ring on the grounds of misrepresentation by the shop as a vitiating factor to the contract for the sale of the ring.

To qualify as actionable misrepresentation, G has to show that (i) there was a false representation of fact, (ii) the false representation was made to induce G to enter into the contract, and that (iii) on the strength of that representation G entered into the contract.

The effect of an actionable misrepresentation is that the innocent party is entitled to rescind the contract ab initio. In the present case, this would likely result in the return of the ring to the shop and the refund of the purchase price paid by G.

Please TRY the rest of the question by yourself.
2015-09-05 11:29 am
Ruby and pink sapphire are actually the same material, except that ruby of lower intensity is called pink sapphire instead. If the invoice is marked ruby, then the buyer has to prove it is not ruby, but pink sapphire before any legal action is valid. Your friend is only a gemmology student, not a qualifed gemmologist. Therefore you should give the stone to a qualified laboratory for identification if the colour is in the ruby colour intensity range or in the pink sapphire colour intensity range.

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