Question
Alberto sells antiques and collectibles. He receives a telephone call from Sidra who is looking for Picatto cranberry glass pieces to add to her collection.
Alberto sells antiques and collectibles. He receives a telephone call from Sidra who is looking for Picatto cranberry glass pieces to add to her collection. Alberto advised her that he had six Picatto cranberry serving dishes in stock and could obtain others from an antique wholesaler if required. After describing the pieces to Sidra over the phone, she agreed to purchase them for $1,200.00. Alberto shipped the glass to Sidra. When it arrived she refused to accept the delivery telling the courier to return them to Alberto. She claims that the pieces are of a darker colour than she had anticipated and do not match her existing collection and that two of the pieces are cracked. Alberto comes to you for advice. He claims that all of the pieces were in perfect condition when they were shipped and considered the pieces to belong to Sidra as soon as they were shipped and left his premises.
Required: Explain the remedies, if any, to which Alberto is entitled. Does Sidra have any legal basis for refusing to accept the goods? How does caveat emptor and the provisions of the Sale of Goods Act apply?
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