Bunuel
Sharon, a noted collector of fine glass, found a rare glass vase in a secondhand store in a small town she was visiting. The vase was priced at $10, but Sharon knew that it was worth at least $1,000. Saying nothing to the storekeeper about the value of the vase, Sharon bought the vase for $10. Weeks later the storekeeper read a newspaper article about Sharon’s collection, which mentioned the vase and how she had acquired it. When the irate storekeeper later accused Sharon of taking advantage of him, Sharon replied that she had done nothing wrong.
Which one of the following principles, if established, most helps to justify Sharon’s position?
(A) A seller is not obligated to inform a buyer of anything about the merchandise that the seller offers for sale except for the demanded price.
(B) It is the responsibility of the seller, not the buyer, to make sure that the amount of money a buyer gives a seller in exchange for merchandise matches the amount that the seller demands for that merchandise.
(C) A buyer's sole obligation to a seller is to pay in full the price that the seller demands for a piece of merchandise that the buyer acquires from the seller.
(D) It is the responsibility of the buyer, not the seller, to ascertain that the quality of a piece of merchandise satisfies the buyer's standards.
(E) The obligations that follow from any social relationship between two people who are well acquainted override any obligations that follow from an economic relationship between the two.
EXPLANATION FROM Fox LSAT
This is a terrific question to study: it’s very learnable.
Sharon’s position is, “I did nothing wrong,” and the question asks us to “justify” this position. What this means is
prove Sharon’s position. In other words, pretend you’re Sharon’s attorney and try to get her off the hook.
So, let’s pick the one answer that, when combined with the existing evidence, gets Sharon off the hook.
A) Sharon was the
buyer, not the seller. This answer could only help a
seller who was trying to get off the hook.
B) This would be a great answer if Sharon had handed the seller a $1 bill, and the seller claimed, “I didn’t look closely at the bill, and the price was $10, but Sharon only gave me $1, so now she owes me money or my vase back.” But that’s not the case. The issue is whether Sharon needed to disclose her superior knowledge of the vase’s value, not whether Sharon properly paid the asking price. Sharon
did pay the asking price, so this answer is irrelevant.
C) There we go. If the buyer’s “sole obligation” is to pay the asking price, then Sharon is off the hook, because she
did pay the asking price. If paying the asking price is the “sole obligation,” then Sharon can’t be obligated to do anything else, including disclosing the vase’s true value. I’m 99 percent sure this will be the answer.
D) This, like A, could only be used to get the
seller off the hook for something.
E) What? This would only apply to people who are “well acquainted.” We don’t know whether Sharon and the storekeeper are “well acquainted,” so this does nothing.
Our answer is C. If you were Sharon’s attorney, you’d put C in your motion for summary judgment, along with all the other facts, and you’d win. No need for trial.