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QUESTION 3 Tuan received a beautiful hanhphone on his 16 birthday from his parents. After three month using the handphone he decided to sell it out to have money for buying a new playstation. He met Mr. Binh, owner of a pawnshop, at the Techno Fairs 2014. Binh bought a newest version of playstation at the Techno Fair 2014 auction. Tuan loved the playstation and proposed Binh that he would be happy to exchange the handphone with playstation. Binh agreed with Tuan and they did the exchange. Two weeks of after the fair, parents of Tuan had come to know about the good exchange of their son. They did not agree the way that Tuan treated their birthday gift so they came to meet Binh and asked back the handphone. But Binh disagreed to return the handphone. Question: (a) Is the transaction between Tuan and Binh legitimate? Why? (b) Can Tuan's parents request Binh to return the phone? Why? (c) In the inevitable lawsuit that will follow, who will prevail and why? You should include the following in your discussion: - The applicable law - Contractual capacity - Unconscionability - Conclusion
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