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ohwilleke
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This is sometimes called a "benefit of the bargain" measure of the relief to which you are entitled.

This is sometimes called a "benefit of the bargain" measure of the relief to which you are entitled.

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ohwilleke
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So, basically, the only cost effective way to litigate the case is without a lawyer in small claims court or consumer arbitration, even though representing yourself without a lawyer greatly reduces your chances of success on the merits.

Essentially, our system is designed to get close to justice in the most important disputes, as measured by the amount in controversy, while it tolerates small injustices that are not as damaging (in raw absolute dollar terms) as big disputes.

This is unfair, but the source of this unfairness is intrinsic to the nature of the problem (rather than simply being a matter of artificial bias created by the people who designed the civil justice system).

Also, this unfair bias comes close to maximizing the aggregate improvement in economic value that the legal system as a whole can provide for a given legal of expenditure on this system.

Basically, at a fundamental economic level, the economic costs of justly resolving small wrongs can be greater due to the deadweight loss of litigation expenses for the economy as a whole, than the economic benefits of resolving the wrongs fairly (which provides not only justice to those involved but also provides an incentive to act justly in future transactions before one knows whether a problem or dispute will arise).

So, basically the only cost effective way to litigate the case is without a lawyer in small claims court or consumer arbitration, even though representing yourself without a lawyer greatly reduces your chances of success on the merits.

So, basically, the only cost effective way to litigate the case is without a lawyer in small claims court or consumer arbitration, even though representing yourself without a lawyer greatly reduces your chances of success on the merits.

Essentially, our system is designed to get close to justice in the most important disputes, as measured by the amount in controversy, while it tolerates small injustices that are not as damaging (in raw absolute dollar terms) as big disputes.

This is unfair, but the source of this unfairness is intrinsic to the nature of the problem (rather than simply being a matter of artificial bias created by the people who designed the civil justice system).

Also, this unfair bias comes close to maximizing the aggregate improvement in economic value that the legal system as a whole can provide for a given legal of expenditure on this system.

Basically, at a fundamental economic level, the economic costs of justly resolving small wrongs can be greater due to the deadweight loss of litigation expenses for the economy as a whole, than the economic benefits of resolving the wrongs fairly (which provides not only justice to those involved but also provides an incentive to act justly in future transactions before one knows whether a problem or dispute will arise).

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ohwilleke
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Short Answer

You are legally entitled to the cost of an adequate replacement (possibly a lightly used previously owned computer) reduced by the amount refunded.

But as a practical matter, there is no cost effective way of enforcing your legal rights under these facts, that doesn't deeply compromise you chances of success. But, trying to litigate the case on the cheap, because it is unlikely to succeed, makes the effort to enforce your rights even less worthwhile.

Your best options are those you could take outside the formal legal process (such as social media gripes, or complaining to "the manager" of the person you dealt with first if they refuse to give you what you want or are entitled to under the law).

Long Answer

Applicable Law

Your Legal Rights

Practical Vindication Of Your Legal Rights

Why have these laws if they are so hard to enforce?Why have these laws if they are so hard to enforce in consumer cases?

Why have these laws if they are so hard to enforce?

Short Answer

You are legally entitled to the cost of an adequate replacement (possibly a lightly used previously owned computer) reduced by the amount refunded.

But as a practical matter, there is no cost effective way of enforcing your legal rights under these facts, that doesn't deeply compromise you chances of success. But, trying to litigate the case on the cheap, because it is unlikely to succeed, makes the effort to enforce your rights even less worthwhile.

Your best options are those you could take outside the formal legal process (such as social media gripes, or complaining to "the manager" of the person you dealt with first if they refuse to give you what you want or are entitled to under the law).

Long Answer

Applicable Law

Your Legal Rights

Practical Vindication Of Your Legal Rights

Why have these laws if they are so hard to enforce in consumer cases?

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ohwilleke
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ohwilleke
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ohwilleke
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  • 825
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