Question
1. Matching the following to the correct terms: Those goods that are not in existence at the time the contract is entered into. Answer 1
1. Matching the following to the correct terms:
Those goods that are not in existence at the time the contract is entered into. | Answer 1 Choose...Unascertained GoodsFuture GoodsWork MaterialsSpecific GoodsService GoodsImplied Goods |
The goods are clearly identifiable at the time the contract is entered into. | Answer 2Choose...Unascertained GoodsFuture GoodsWork MaterialsSpecific GoodsService GoodsImplied Goods |
These are goods that cannot be identified at the time of the sale. | Answer 3Choose...Unascertained GoodsFuture GoodsWork MaterialsSpecific GoodsService GoodsImplied Goods |
2. Match the following to the correct case law.
The goods did not meet the requirements of being used as underpants and were thus not of merchantable quality or fit for the purpose. | Answer 1Choose...McWilliams Wines Pty Ltd v Liaweena (NSW) Pty Ltd [1988] ASC 55-695Wardar's v Norwood and Sons [1968] 2 All ER 602Grant v Australian Knitting Mills Ltd [1936] 54 CLR 49Re Moore and Co Ltd v Laudauer and Co [1921] 2 KB |
The court ordered over $2 million in damages to be paid by the seller to the buyer for breaching fitness for purpose and merchantable quality. | Answer 2Choose...McWilliams Wines Pty Ltd v Liaweena (NSW) Pty Ltd [1988] ASC 55-695Wardar's v Norwood and Sons [1968] 2 All ER 602Grant v Australian Knitting Mills Ltd [1936] 54 CLR 49Re Moore and Co Ltd v Laudauer and Co [1921] 2 KB |
The buyer could reject the whole order because the method of packaging the fruits was an essential condition of the description. |
3. Nemo dat quod non habet is a common law rule, which means you cannot give what you do not have.
Select one:TrueFalse
4. Jesse purchased a bicycle from Mega Suppliers. Mega Suppliers informed its delivery attendant to collect one of the BMX bicycles from the storage the next morning and deliver to Jesse. During the night Mega Supplier's storage is robbed and everything is taken by the robbers.Did the property in the goods pass to Jesse?
A. No, it was not in a deliverable state.
B. It is unclear from the facts.
C. Yes, it was not in a deliverable state
4.
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