Question 3 OR (c)
Fruit juice ordered in cases of 24 tins, delivered in cases of 12
6 marks
- Time to write
- About 12 minutes
Question
Question 3 OR (c) · 6 marksA orders 240 tins of fruit Juice, packed in cases of 24 tins each. The juice delivered to A was of the same quality, but it was packed in cases containing 12 tins each. 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
Read from the question
- Can A reject…?A yes-or-no question: answer it in your first line, then explain why.
What the paper leaves open
Only a combined mark of 18 is printed for parts (a) to (c); each part is reckoned here at 6 marks (inferred).
Write it in this order
- Read; underline the asks; jot your points 1 min
- 1 Sale by description: packing as part of the description 3 marks 5 min
- 2 Application and conclusion 3 marks 5 min
- Check: every ask answered, key terms underlined 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. A ordered 240 tins of fruit juice packed in cases of 24 tins each. The juice delivered was of the same quality, but it was packed in cases of 12. The mode of packing formed part of the description under which A contracted, so the goods delivered do not correspond with that description, although the juice itself is unobjectionable.
Conclusion. A can reject the goods: the implied condition that they correspond with the description has been broken.
Where the 6 marks sit
| # | Component | Marks |
|---|---|---|
| 1 | Sale by description: packing as part of the description | 3 |
| 2 | Application and conclusion | 3 |
| Total | 6 |
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