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a) In September Acme Limited ('Acme') told Beta Limited ('Beta') it wanted to purchase 100 air conditioning units from Beta. Beta informed Acme it had
a) In September Acme Limited ('Acme') told Beta Limited ('Beta') it wanted to purchase 100 air conditioning units from Beta. Beta informed Acme it had only 50 units in stock but could manufacture the other 50 units for Acme. Acme entered into tw_o contracts, one for the purchase of the 50 units Beta had in stock and a second contract for the remaining 50 units which Beta had agreed to manufacture. The date xed for delivery under Mi; contracts was 1\" November. On 289' October Beta completed the manufacture of 500 units (50 of which would be supplied to Acme). Beta packed in boxes the 50 units it had in stock in September and 50 of the recently manufactured. units. Beta put Acme's name on each box and told Acme that the units were ready for collection from Beta's warehouse. Acme paid the agreed price and asked Beta to have the 100 units ready for collection at the entrance to Beta's warehouse at 9.00 am on l5t November. However on 31st October a thief broke into Beta's warehouse and stole all the units. Advise Acme as to whether it is entitled to have a refund of the price. (12 MARKS) b) In what way, if any, would your advice in a) differ if: (i) Beta did not attempt to collect the units until 12th November and the units were stolen on the 11th November. (3 MARKS). (ii) Beta was aware of the fact that its security system was inadequate but had not taken any measures to improve it
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