Question
Eager to present an engaging and distinctive spectacle for her myriad Instagram followers, Dahlia decided to purchase a stunning 'Frill-Necked Cutaway Gown' (the gown), designed
Eager to present an engaging and distinctive spectacle for her myriad Instagram followers, Dahlia decided to purchase a stunning 'Frill-Necked Cutaway Gown' (the gown), designed by Gina Fursace. On 15 June 2022, Dahlia telephoned Gina. Gina said she had three such gowns in stock, sized X, Y and Z. Dahlia said she would like to try the gowns on before deciding which size fitted best. As an indication that she was in earnest with the transaction, she paid a ten per cent deposit of $100 by credit card over the phone. Dahlia said she would drop in to try on the gowns as quickly as possible, and definitely within a week. Gina said that would be fine.
On 17 June 2022 Rio La Grande, a famous Mexican movie producer and regular customer of Gina, came into Gina's design studio and showroom in Flinders Lane. He was immediately taken with the 'Frill-Necked Cutaway Gowns', which he said would be perfect for a scene involving multiple contemporaneous weddings set in a Las Vegas casino. On hearing that a ten per cent deposit had been paid for one dress, he immediately offered $2,000 for each of the three dresses. As Gina was sure she had material in stock to make a replacement, she readily agreed. Unfortunately, Gina had forgotten that due to supply chain issues caused by a global pandemic, she did not have material on hand to make a replacement gown for Dahlia in time for the wedding.
Dahlia consults you, as to whether she can recover any of the three gowns from Rio.
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