Legal Question in Business Law in California

Warranty

someone buys a box of broken

phones (not stolen( made by Apple to

the store to have them switched for

refurbished models of the same

phones. The phones are either water

damaged or have cracked screens,

the stipulation is that cracked

screens or water damaged phones

void the warranty but employees at

the store make exceptions to switch

them, is this in anyway against the

law


Asked on 11/19/08, 1:51 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Warranty

What do you mean "against the law"? Some things are illegal in the sense that you can be fined or jailed for doing them, like running a red light or stealing a box of call phones.

There is another tier of wrongs that are better called "unlawful," such as staying in a rented property after the lease expires, for which an "unlawful detainer" action can be brought, but you won't be fined or jailed.

Finally, at the lowest rung of the ladder, are things like breach of contract (which is not even considered "immoral" in many situations) and innocent mistakes such as poorly-trained store clerks making warranty exchanges which the manufacturer won't back up, thus causing a loss to the store owners who were dumb enough to hire and poorly train the clerks. In such a case, the store might decide to apply some kind of discipline to the employee making the mistake, but many wouldn't go beyond a stern admonishment or maybe discharge. (There are a lot of folks looking for store clerk jobs these days).

If, however, there is no mistake, and the person delivering the box of phones and the clerk making the exchange are co-conspirators, both are doing something illegal and both could be convicted of one or more crimes and face fines, jail or prison.

Read more
Answered on 11/19/08, 12:55 pm


Related Questions & Answers

More Business Law questions and answers in California