Legal Question in Personal Injury in Illinois

i have a school project. HELP!!!

My government teacher assigned us a mock court assignment and of course I'm the defense lawyer. (i always am) Anyway we're studying tort law. well, the boyds (the def.) are concerned about the price of food so in order to save a few bucks they find an add promising wonderful good quality meats at discount prices. they say thats great but, we don't have enough freezer room and a freezer was promised free along with the food cost. anyway the sales guy waits for the wife to leave to go to the bathroom and he asks the husband to sign without showing the contract or order forms and just tells the mr boyd that it says the contract says he was signing to get his food for up to 10 payments and a free freezer. he signs them and wife comes back and sees her husband's signature and signs them also. so a bill for the freezer comes at a price of 1250 for a freezer thats only worth 399. they call the salesguy and get no reply back, in three day they get the food which also happened not to be the fabulous food promised. (there were pics in the add of the food ) on the contract also there were no witnesses and i was wondering if that would matter? the boyds try to send back the food and are refusing to pay so the food co. is suing the boyds.


Asked on 4/20/07, 8:41 pm

2 Answers from Attorneys
Lawrence A. Stein Aronberg Goldgehn Davis & Garmisa, LLC

Re: i have a school project. HELP!!!

Sounds like the tort issue is fraud or deceit as a counterclaim to the breach of contract against your client. Counter sue for fraud. The plaintiff lied to your client. Look up "fraud in the inducement."

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Answered on 4/20/07, 10:38 pm

Re: i have a school project. HELP!!!

In addition to what Mr. Stein said, you might want to sue for rescission since the goods do not conform to what was promised.

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Answered on 4/21/07, 7:43 am


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