Legal Question in Business Law in California
If you had purchase something at it stated that you have before midnight on the 3rd business night for you to cancel your purchase. What do that exactly mean. For example, if I purchase a package on Sunday, they allow me 3 business day do my cancellation by mail or telegram only. Now it is the 2nd business day, and you have it post marked for the 2nd day, FEDEX the letter out so that it will get to the company before midnight the on the 3rd day. Than come to find out that the address was given for the letter of cancellation was a PO Box. Does my cancellation of the purchase still counts for the 2nd business day because it was posted marked?
2 Answers from Attorneys
You have to look at the exact terms of the contract to see what it says. It probably is vague. The law is that in a contact, whoever prepares the language is responsible for anything that is not really clear. If there is a reasonable interpretation that favors the person who did not draw up that part of the contract, it is read to favor that person [so punishes the person who did not use clear language]. A reasonable interpretation would be that the notice must be postmarked by the third business night; it s not your fault they selected a post office box. If it was your responsibility to make sure some human at the plant physically got the rejection by the third business night, they had to tel you that in clear terms.
The attorney is right on point here. Consult with an attorney in your area for specifics.
Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise
Franchise Attorney
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