Asked by Glenda Gonzalez on Jul 23, 2024
Verified
Johnson became a member of the Book-a-Month Club under an agreement by which members agree to pay for any monthly selection that they have not notified the Club they do not want. Johnson forgets to tell them when he decides he does not want "How to Cook Small Rodents" and the book arrives at his house.
A) Since silence cannot be acceptance, Johnson does not have to take the book, but must send it back.
B) Johnson must pay for the book.
C) Johnson must pay for the book unless he decides to send it back.
D) Since silence is not acceptance, Johnson can keep the book and he does not have to pay for it.
E) Johnson cannot refuse to pay for the book since consumer protection legislation says unsolicited goods delivered to a consumer create no obligation to pay and no liability for loss or damage.
Silence
The absence of any sound or noise; in legal terms, it may refer to the situation where a party's failure to speak or act is interpreted as consent or agreement.
Consumer Protection Legislation
Laws designed to safeguard the rights and interests of consumers by regulating trade practices and ensuring fair transactions.
- Recognize the criteria for classifying an advertisement as an offer or an invitation to negotiate.
- Analyze the consequences of laws designed to protect consumers on unwarranted merchandise and incorrect advertising claims.
Verified Answer
YR
Yakelin Rodriguez-AgueroJul 28, 2024
Final Answer :
B
Explanation :
Johnson must pay for the book because, by joining the Book-a-Month Club and agreeing to its terms, he consented to a contract where silence (not notifying the Club of his disinterest in the monthly selection) is treated as acceptance of the offer to purchase the book.
Learning Objectives
- Recognize the criteria for classifying an advertisement as an offer or an invitation to negotiate.
- Analyze the consequences of laws designed to protect consumers on unwarranted merchandise and incorrect advertising claims.