Question
Bergaya Store has been ordering jeans and shirts bearing a well-known trademark 'Young Wear' from ABC Sdn. Bhd., their only supplier since 2010. On January
Bergaya Store has been ordering jeans and shirts bearing a well-known trademark 'Young Wear' from ABC Sdn. Bhd., their only supplier since 2010. On January 2020, Bergaya Store ordered more jeans and shirts with request 'the same as our previous contracts.' Both of them agreed that the order must be deliver to Bergaya Store on 1st February 2020. Unfortunately, ABC Sdn. Bhd forgot the actual delivery date and only make the delivery on 23rd February 2020. It also finds out that ABC Sdn. Bhd. delivered the jeans and shirts which are of the same quality but bearing a different trademark, 'Classic Wear.' Advise Bergaya Store whether they can repudiate the contract and suggest the suitable remedies that can be claimed by Bergaya Store in this situation. Support your answer with Sale of Goods Act 1957 and decided cases (if any)
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