Question
Case Facts: ABC limited is a manufacturer of woolen cloths. On 1st March 2021 Shivenaz traders contracted ABC limited to buy 150 KGS of woolen
Case Facts:
ABC limited is a manufacturer of woolen cloths. On 1st March 2021 Shivenaz traders contracted ABC limited to buy 150 KGS of woolen cloth after being referred from Solmaid traders who also purchases the similar woolen cloths from ABC limited. Shivenaz traders clearly mentioned that they wanted the same materials of woolen cloths that ABC Limited was supplying to Solmaid traders and also stated that they would continue to buy the same quantity of woolen cloth from ABC limited for this entire season every month. Shivenaz traders had purchased the cloth for a particular purpose but did not disclose to the seller about their purpose. On 3rd March 2021 the woolen cloths were delivered at the premises of Shivenaz traders and on 15th March Shivenaz traders discovers that owing to the latent defect in the woolen cloths as well as in the sample the cloth turned out to be unfit for the purpose for which Shivenaz traders had purchased, although the same was fit for other purposes. Shivenaz traders requested to return the woolen cloths to either change the material or return the price paid in full. ABC limited declined their request and due to this dispute Shivenaz traders wishes to invoke the arbitration clause according to their contract.
The claimant in this Arbitration case is Shivenaz traders and the defendants is ABC limited.
Question:
1.This is a contract for sale of goods hence contract law and sales of goods law will apply here.
2.Discuss whether there has been a breach? If so whether it is a breach of condition or breach of warranty. What are the remedies available in each case?
3.Discuss Caveat emptor, will the rules of caveat emptor apply here? If so, why? If not, why?
4.What would constitute as reasonable time for inspection? Use case laws or common law cases, if necessary, to further your argument.
5.Any other legal argument you consider fit in this situation.
You have to solve this case as an Arbitrator and give us reasoning for the final order for ABC limited and Shivenaz traders and also follow the law "The Sales of Goods Act,1930"(link in the comment box). and give Common Law's and Act's Reference.
please focus on "The Sales of Goods Act,1930"'s . You can find in link.(Given in the comment box)
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