Question
Aldo, a manufacturer from Kagemi, entered into a contract with Ben, a wholesaler from Ziwa, to supply him with two machines. A week after they
Aldo, a manufacturer from Kagemi, entered into a contract with Ben, a wholesaler from Ziwa, to supply him with two machines. A week after they were delivered Ben found that both of them were missing a part that, although not essential, was included in the original specification. Nonetheless Ben sold one of them before writing to inform Aldo that, due to the missing part, he was not willing to pay the agreed price for the machines. The agreed price for each machine was Ksh.30, 000/=. Ben informed Aldo that he was only willing to pay Ksh.20, 500/= for each. Aldo responded by saying that he was willing to supply and fit the missing part. From the foregoing; a) Highlight whether ben met his legal obligations and the whether there is breach of contract from Aldo b) Advise on the remedies available to ben in respect to the machine he resold (if any) (20 Marks)
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