Legal Question in Business Law in Oregon

purchased a product, but did not pick up

I sold exercise equipment to a woman 12/29/07, with an agreement to pick it up in January. She called 1/21/08 and said she regretted the purchase and wanted her money back. Iam I required to return her money?


Asked on 2/04/08, 9:21 am

1 Answer from Attorneys

Andrew Svitek Svitek Law Group, LLC

Re: purchased a product, but did not pick up

I think it's a gray area and will depend on the amount of payment you received. You're entitled to be compensated for storing it at your house and for having reserved it for here (not trying to sell it to someone else). At the same time, since there was no contract to the contract I think a judge would try to ascertain reasonable damages and would award you that amount, rather than allowing you to keep the full amount.

The "handshake contract" was presumably $XXX for XYZ equipment, with no other terms. So if she doesn't take the equipment I don't think that automatically entitles you to the full amount, unless the full amount actually can be construed to cover your entire damages.

Some one else may see this differently -- but contract law is based on what a an "objective reasonable person" would have thought the contract was about, rather than what either of you subjectively thought it was about.

We're talking about small claims court here, where judges by statute are charged with promoting "equity"... basically doing what's fair.

Facts regarding what's fair will play a large role in that determination.

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Answered on 2/16/08, 4:43 pm


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