Mabel is planning to buy an IBM notebook computer but she knows very little abou

Question

Mabel is planning to buy an IBM notebook computer but she knows very little about computer. She visits David’s Computer Shop to choose a computer compatible with IBM software. David tells her that the series “Super Fast” is a fast computer and that Mabel can use IBM software with it. David indeed makes a mistake unintentionally and mixes up the series “Super Fast” with another series “Swift Fast” whereas “Swift Fast” is IBM software compatible but “Super Fast” is not. Mabel buys the “Super Fast” series notebook computer following David’s recommendation since she would like to use an IBM software. After the purchase, Mabel spends HK$100 to buy that IBM software. Later on the same day, she discovers that the computer is running slow and is not IBM software compatible. Required Can Mabel get the refund and damages, with the help of decided case(s) and statute law? Mabel is planning to buy an IBM notebook computer but she knows very little about computer. She visits David’s Computer Shop to choose a computer compatible with IBM software. David tells her that the series “Super Fast” is a fast computer and that Mabel can use IBM software with it. David indeed makes a mistake unintentionally and mixes up the series “Super Fast” with another series “Swift Fast” whereas “Swift Fast” is IBM software compatible but “Super Fast” is not. Mabel buys the “Super Fast” series notebook computer following David’s recommendation since she would like to use an IBM software. After the purchase, Mabel spends HK$100 to buy that IBM software. Later on the same day, she discovers that the computer is running slow and is not IBM software compatible. Required Can Mabel get the refund and damages, with the help of decided case(s) and statute law? Mabel is planning to buy an IBM notebook computer but she knows very little about computer. She visits David’s Computer Shop to choose a computer compatible with IBM software. David tells her that the series “Super Fast” is a fast computer and that Mabel can use IBM software with it. David indeed makes a mistake unintentionally and mixes up the series “Super Fast” with another series “Swift Fast” whereas “Swift Fast” is IBM software compatible but “Super Fast” is not. Mabel buys the “Super Fast” series notebook computer following David’s recommendation since she would like to use an IBM software. After the purchase, Mabel spends HK$100 to buy that IBM software. Later on the same day, she discovers that the computer is running slow and is not IBM software compatible. Required Can Mabel get the refund and damages, with the help of decided case(s) and statute law?

Explanation / Answer

Consumer guarantees applies automatically to Mabel purchases, in this scenario, product description suggested by sales person should match the performance of the product sold. It is a major problem when the product performance is not as described by the sales person, description on packaging, advertising or labelling. Mabel is entitiled to claim for refund of the product with damages or seller may opt to give compensation for the drop in product value.

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