Statement_of_the_Facts

Statement_of_the_Facts - Collin Bomgardner Statement of the...

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Collin Bomgardner Statement of the Facts The Plaintiff, 18 year-old Sarah Smith, attends Temple University and purchased a laptop for $500 from the Temple Bookstore in late August of 2010. The Plaintiff signed the Sales Agreement, paid for the laptop, and received a copy of said agreement, as well as a sales receipt. On September 10 (within the 14-day return policy) Smith decided to return the laptop for personal reasons (not because of a defect). Smith was told that she could return the laptop but would have to pay a 20% restocking fee. Clause 8 of the Sales Agreement clearly stated that non-defective returned laptops were subject to a 20% restocking fee. The Plaintiff then returned the laptop and received $400 in return ($500 minus $100 restocking fee). Smith later filed a lawsuit with the Temple Law School Consumer Protection Clinic. The clinic filed a lawsuit in Pennsylvania on behalf of Smith against the Temple University Bookstore. The lawsuit alleged that the Sales Agreement (and thus the restocking fee clause) is
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This note was uploaded on 03/29/2011 for the course LAW 1101 taught by Professor Hodge during the Spring '11 term at Temple.

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Statement_of_the_Facts - Collin Bomgardner Statement of the...

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