BETWEEN VERONA ROBINSON CLAIMANT AND MARCIA ROBINSON DEFENDANT

Mr. Ewan Thompson for the claimant. Mr. H. Charles Johnson, instructed by H. Charles Johnson & Co. for the defendant.

Heard: February 5 & 13, 2014.

The Nature of the Claim

[1] In this matter, the claimant claims against the defendant for recovery of the sum of $586,410.00. This sum is allegedly the balance owing to the claimant arising from her sale to the defendant of her stock in her female-clothing store located in the Bank House Mall in Mandeville, Manchester. She contends that the original full sale price was $1,086,410.00 and that the balance was left after the defendant paid the sum of $500,000.00 on or about November 14, 2006, the day on which she took possession and delivery of the claimant's stock and began operating a business from the claimant's former store.

2] On the other hand, the thrust of the defendant's case is that there was no concluded agreement. She contends that although the sum of $500,000.00 was paid, the exact amount of the balance had not been agreed. The agreement between the parties was for some items in the stock that were old and/or otherwise unusable, to have been taken out by the claimant before the final price could have been agreed on. A written agreement was sent to her by the claimant, but she refused to sign it for that reason.

Questions:

Define the following terms goods, contract of sale and hire purchase.

Discuss Verona Robinson's right under the Sales of Goods Act

Explain the remedies available to both buyers and sellers under the Act.