CASE: A wholesaler in Toronto agreed to sell 2,000 5-kilogram cases of walnut pieces to a buyer in Vancouver. The price was to be $1.10 a kilogram with delivery F.O.B. Toronto. The goods were shipped by common carrier in accordance with the buyer's instructions.

The goods were subject to moisture and freezing during transit, and the buyer, on inspection of the goods, found them unfit for his purposes. The goods were then sold by the buyer for 66 cents a kilogram in Vancouver, while the goods were still in the hands of the carrier. In the meantime, the carrier had found a buyer willing to purchase the 10,000 kilograms of wal- nuts at 88 cents a kilogram. However, the carrier was unable to complete the sale because of the buyer's actions.

The Vancouver merchant later brought an action against the Toronto wholesaler and the carrier for his loss, calculated at 44 cents a kilogram.

Indicate the nature of the plaintiff's claim in this action and the defences that might be raised by the defendants.

Render a decision.

QUESTION:Early on a Monday, Nora agrees to purchase a big-screen TV from a major chain home-electronics store, to be ordered in from a central warehouse. The purchase order did not specify a delivery date, but the salesperson assured her verbally that "it will be here in a couple of days." Nora left a $100 deposit and her credit card number. On Friday, Nora saw the same model TV offered at another store, with a $500 cheaper sale price, and purchased it. She then called to cancel her order with the first store. Will she likely end up with two TVs or one?