Question 3 OR (c)

Varun's juice ordered in cases of 24 tins, delivered in cases of 12

6 marks

Time to write
About 12 minutes
Topic
Conditions, warranties and caveat emptor

Question

Question 3 OR (c) · 6 marks

Varun orders 600 tins of fruit Juice, packed in cases of 24 tins each. Varun received the juice, but it came packed in cases holding 12 tins each, though the quality of the juice was the same. Can A reject the goods?

Reworded from the university paper; the task is the same. The original paper belongs to the University of Delhi. See DU's question bank.

Before you write

Read off the question and its marks

12 minfor 6 marks

Read from the question

  • Can A reject…?A case problem: state the rule and its section, apply it to these facts, then answer in one line (yes or no, and why).

What the paper leaves open

As printed, the buyer is named in the question and then called "A" in the last sentence; read as the same person.

Write it in this order

  1. Read the facts; underline who did what, and the exact question 1 min
  2. 1 Sale by description: packing as part of the description 3 marks 5 min
  3. 2 Application and conclusion 3 marks 5 min
  4. Check: section named, answer stated in one line 1 min

Short on time? Trim steps 1 and 2 evenly rather than skip one: each is capped at its own marks.

Try it first. About 12 minutes for 6 marks. Write it out, then open the solution.

Solution

Hover or tap a marked figure, like 72,000, to see how it is made and where else it appears.

Provision (s. 15). Where goods are sold by description, there is an implied condition that they shall correspond with the description. The description may cover a statement about the identity of the goods by reference to their place of origin or their mode of packing; whether it is essential to their identity is a question of fact in each case. The buyer is not bound to accept goods that do not correspond: the breach of this condition goes to the root of the contract and entitles him to reject them. Where goods are sold by sample as well as by description, they must correspond with both.

Application. Varun ordered 600 tins of fruit juice packed in cases of 24 tins each; the juice delivered was of the same quality but packed in cases of 12. The mode of packing was part of the description under which he contracted, so the goods delivered do not correspond with it, although the juice is unobjectionable. (The question names the buyer Varun and then calls him "A"; as the paper note says, they are the same person.)

Conclusion. Varun can reject the goods for breach of the implied condition that they correspond with the description.

Where the 6 marks sit

#ComponentMarks
1Sale by description: packing as part of the description3
2Application and conclusion3
Total6
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