Joey purchased a used dishwasher at Bristol Appliances. Joey was asked to sign a customer survey about his experience at Bristol Appliances. The salesperson told Joey to mark a specific box if his experience was positive. Joey checked the box and returned the survey. Joey later learned that his mark in the box showed an intention to purchase a 5 year warranty on his purchase of the dishwasher for an additional fee of $150. Is Joey is responsible for purchasing the warranty? Why or why not?
What will be an ideal response?
Joey may be able to raise the defense of fraud and to disaffirm the contract warranty. Fraud in the factum exists because he did not know that he was entering a contract. He may also claim that he was unduly influenced by the salesperson. There is no evidence given that there was any lack of capacity on his part, and whether he had the opportunity to read the provisions before he signed.
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