Glennis Chapman v. Computer, Parts & Repairs, Inc.

Breach of Contract - Breach of Express and Implied Warranties - Constructive Fraud - Negligent Misrepresentation - Unfair Trade Practices - Glennis Chapman (Chapman) bought a computer from Computers,
Parts & Repairs, Inc. (CPR) which CPR represented to be used.
When Chapman later attempted to have repairs made by the
manufacturer, he discovered the computer actually had been
reported stolen. CPR refused to accept return of the computer
or to refund his money. Chapman ultimately surrendered
the computer to law enforcement personnel. Because the computer
was not functioning properly and he could not obtain repair
service, Chapman was unable to retrieve his data from
the computer. Chapman brought this action in magistrate's court
against CPR, asserting claims for (1) breach of contract;
(2) breach of express and implied warranties;
(3) fraud, constructive fraud, and negligent misrepresentation;
and (4) unfair trade practices.

The jury returned a verdict of $4,709.25 in favor of Chapman
and found CPR had violated the unfair trade practices act. The
magistrate amended the award to $5,000, the limit of the court's
jurisdiction, to include an award of attorney's fees and costs
under the unfair trade practices act.

The jury returned a verdict of $4,709.25 in favor of Chapman
and found CPR had violated the unfair trade practices act. The
magistrate amended the award to $5,000, the limit of the court's
jurisdiction, to include an award of attorney's fees and costs
under the unfair trade practices act.

Unknown

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Reversed and remanded by the Court of Appeals of South Carolina. See: 513 S.E.2d. 120 (S.C.App. 1999). The date above reflects the appellate court decision date, not the original trial date. Reported by kkm.