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George is a music teacher and also a collector of new and antique musical equipment. While browsing through Joe’s music shop he came across a trumpet which the proprietor of the shop, Joe, informed him used to belong to the now retired famous trumpet player, Tommy Trumpet.

Joe had purchased the trumpet from a lady who claimed that she was Tommy Trumpet’s former housekeeper. Usually Joe would have musical equipment examined by an instrument technician; however, upon examination he was sure that this was an original Tommy trumpet. Also as the lady was selling it for such a low price he did not want to delay the sale, so he bought it straight away and paid $500 for it.

Joe offered to sell the trumpet to George for $1,000. George said that he was definitely interested but needed to sort out his finances so could he let Joe know by the end of the week to which Joe agreed.

During that week Joe did get the trumpet examined by a musical equipment technician and discovered that it could not have been the original one played by Tommy Trumpet, since this one was made after Tommy’s retirement. George returned at the end of the week and accepted Joe’s offer to sell the trumpet for $1,000; however, Joe did not inform him what he had since discovered about the trumpet.

George proudly displayed the trumpet in his studio enjoying the compliments that he received about it from his students. In fact one of George’s students, Robbie, was so impressed that he made George such a good offer to buy it which George could not resist. George said: “it’s the original trumpet played by Tommy Trumpet so I will be sad to see it go, but I know that you will take good care of it.” Soon after buying the trumpet Robbie entered it for sale in an auction of musical equipment. After examining it to determine its authenticity the experts all agreed that it was not the original trumpet owned by Tommy Trumpet. Robbie had paid George $2,000 for it and was determined to get his money back. George is refusing to return Robbie’s money.

ANSWER ALL OF THE FOLLOWING QUESTIONS(1) Advise Robbie whether he is entitled to get his money back from George?

(2) Advise George whether he has any cause of action against Joe?

(3) If Joe, the antique dealer, genuinely believed that the trumpet was the original one played by Tommy Trumpet advise George whether he would still have any cause of action against him?

Foundations of Business Law

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