While in the shopping mall, Mabel special ordered a $29.95 video from VistaVideo. She was asked to place a $10 deposit on the order because it was "store policy". A little while later, before leaving the mall, Mabel changed her mind about ordering the video because "she needed the $10 for something else". VistaVideo refused to return the money. Is Mabel entitled to get the $10 back?
A) No, since the $10 was a deposit.
B) Yes, because it is liquidated damages.
C) Yes, since as of yet no costs were accrued in ordering the video.
D) Yes, because the $10 was intended to be part payment.
E) No, because the $10 was not a genuine estimate of the probable loss resulting from a breach.
Correct Answer:
Verified
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