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Let me digress with a little story about one of my experiences with courts. In the 90s I was a technician at a small computer shop in CA. One day we had a sal
by esmi 6y ago
Let me digress with a little story about one of my experiences with courts. In the 90s I was a technician at a small computer shop in CA. One day we had a sale for really cheap beige boxes so that we could offload some excesses inventory. A customer came in and want to buy all 10 of them. But I knew he owned a local warehouse and I suspected that he wanted these 10 computers to run proprietary inventory tracking software, and because some of our other clients ran that same software, I asked him if that’s what he wanted them for. He said yes. I told him these boxes won’t work with that software because their chipset is incompatible with it. He will have to buy these other, more expensive, ones. He insisted I was wrong. I showed him some documents we had, as I had ran into this before, he insisted anyway, very rudely. I told him if we sold them I wouldn’t allow a return. He said fine and bought all 10 and I wrote in hand “no refund” on the receipt. I was a teenager then so I thought this was “iron clad” and complimented myself for being so smart. A year later the guy came back and wanted to return all 10. We of course said no. He took us to small claims court and won. We were forced to give a full refund, at the one year old price, even though he admitted to the judge I warned him, showed him documents, and said no refund. His counter argument: he didn’t understand. The judge said this was the best way to make both parties whole again.
I lost but learned a valuable lesson, one just never knows with the law. These things are where one starts argument, it’s not where they stop.
Lawyers will have to decide how comfortable they are with the risk, and balance it against the reward. It’s totally natural that different entities will come to different conclusions in this environment.