Paul, a third year university student, was in the habit of selling his used textbooks at the conclusion of each term. He usually recouped about 50 percent of their original cost at the conclusion of each term. He usually recouped about 50 percent of their original cost. Unfortunately, when he posted his accounting textbook for sale online, he quickly discovered that a new edition of the book had been published and there was little interest in his edition. He contacted the publisher using a fictitious name and respected a sample copy of the new edition. He told the publisher he was an accounting instructor considering adopting the book for a new course being introduced at the university. As a result, the publisher agreed to supply a copy of the new edition, provided that Paul paid the shipping cost and agreed to review the book for the publisher. Paul agreed. When Paul received the sample book, he promptly posted it for sale online. Joan, a second year student at a another university, was happy to purchase the new edition at 75% of the original price. When Joan accessed the textbook website using the code provided with the book, the publisher became aware that the books was in the hands of a student and not an instructor. The Publisher would never have agreed to release the book to a student without payment of the full list price. The publisher blocked Joan’s access to the textbook website and demanded that she return the book.
Q1. What are the legal issues involved in this case?
Q2. If the matter goes to court, would Joan have to return the book
Cite any relevant cases. (10 Marks)
Q3. What recourse would Joan have against Paul? Explain your answer.
Q4. What are some lessons business professionals can learn from this case?