Dear Tutor,

Question 1)

Please provide guidance on the following 'Precise performance rule' question:

Ben is a supplier of vacuum cleaners. He contracted with Cathy to supply her hardware shop with 100 pieces of vacuum cleaners, packed into boxes of 10 items each.

Cathy had wanted the vacuum cleaners to be packed this way is so that she can store it properly in her storage room at her shop, which had a unique space configuration.

However, Ben did not know this, and he thought that as long as he delivered 100 pieces of the vacuum cleaner, that would be good enough. He decided to pack it in cartons of 20 vacuum cleaners each, so that he could move them around more easily.

When the packages arrived at Cathy's shop, she was not happy that they were not packed as specified, and she wanted to reject the delivery, and get Ben to re-pack before re-delivering them.

Ben thinks that Cathy is just being unreasonable, since the total quantity of goods is correct and they were delivered in good condition.

(A) Advise Ben as to whether Cathy has a right to reject the goods.

(B) Explain your answer based on the relevant case law. Do you think that such a result is fair?

Question 2)

Noral engaged Freddy, a plumber, to fix her plumbing problems in her newly purchased house. Specifically, Noral requested Freddy to work on the plumbing in the kitchen. Freedy completed the piping works in the kitchen.

Noral complained that Freedy had used the wrong type of piping in the kitchen.

Instead of using the piping that Noral had earlier requested, Freddy used another substitute of piping that was half an inch smaller in diameter. As such, Noral felt that she would be justified in refusing payment.

(A) Advise Noral. Can Noral refuse to make payment?

Thank you. Appreciate for your help!