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Sale Of Goods - Coursework Example

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Sale of Goods Law By Your Name Class Name University’s Name Due Date Q.1 Obama is a specialist publisher of political material. He entered into a contract with David who sells political books. The contract was for the sale of 120,000 books entitled How to win votes on CIF terms…
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Sale Of Goods
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Download file to see previous pages He also found that the books in another container were about gardening instead of politics. The books in the third container conformed to the terms of the contract of sale. There are some statutes that favor David in respect of the books that were about gardening. S 13(1) of Sale of Goods Act 1979 states that, “Where there is a contract for the sale of goods by description, there is an implied condition that the goods will correspond with the description.”1 According to the given facts, David made a contract for goods that fit a particular description i.e. the books entitled How to win votes. There was an implied condition that the books must have been the same. Books about gardening were unrelated to the terms of the contract. ...
He also has a right to reject the books because there has been a breach of condition. The contract between David and Obama is a non-severable contract. This means that S 11(4) is applicable which states that, “Where a contract of sale is not severable and the buyer has accepted the goods or part of them, the breach of a condition to be fulfilled by the seller can only be treated as a breach of warranty, and not as a ground for rejecting the goods and treating the contract as repudiated, unless there is an express or implied term of the contract to that effect.”3 One of the containers had the books that were in perfect condition and were in conformity with the contract. David cannot reject those books. However, when he rejects a part of books, he would have to treat the breach of condition as a breach of warranty and would not be able to treat the contract as repudiated. He would be entitled to claim damages from Obama for the loss that he has sustained due to the delivery of wrong books. Obama’s view that David can easily on-sell the books based on gardening is of no consequence because the delivery of those books was not a part of the contract. Their contract was made through emails. This means that a written record of their conversations can be obtained easily. David discovered that the entire contents of one container were badly damaged. Obama is denying any responsibility for that and the Jardine Carriers, with whom Obama had contracted for the carriage of the books, say that it has “nothing to do with them” because there was no contract between JC and David. The contract between Obama and David was made on CIF terms. CIF (Cost, Insurance and Freight) means that the seller delivers when the goods ...Download file to see next pagesRead More
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