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Due to the fact that Broadwalk books only sold five copies of the book within that time frame they feel that they should be able to return the other 95 copies. There reasoning is that if the books are unsold then they are unused, and within the stipulation of the contract they are within their rights to return them. If the court were to determine that the books in question were indeed all unused and Press Publishers would not take them back then they would be in violation of the contract.
Looking at this issue from the view of Press Publishers though, one gets a completely different picture. The contract states that Broadwalk Books can return any unused books within the six-month timeframe. Press Publishers is gong to argue that since twenty copies of the book were indeed damaged from sitting on the bookshelf and being used by patrons of the bookstore that those copies are no longer unused. Due to the fact that many pages were ripped and coffee had been spilled upon them any reasonable person...
If the court were to determine that this was the case then Press Publishers would not be required to take back all 95 copies of the book. They would only be required to accept the 75 unused copies.
In this dispute there is a clear stipulation in the contract that states that Boardwalk Books can only return unused books. When applying a reasonable person test it can be deduced that the five copies of the book in question where definitely not unused. They had indeed been used by the patrons of the bookstore. Because of this Boardwalk Books would only be able to return the 75 unused copies of the book that they did not sell.
References
Contracts. (n.d.). Retrieved May 19, 2010, from Web site:
http://www.pcusa.org/legal/contracts.htm
Contract Law. (2010). Retrieved May 19, 2010, from Free Advice Web site:
http://law.freeadvice.com/general_practice/contract_law/breach_contract.htm
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