Question
Fine Wines Limited (FWL) contract with Wine supplies Limited (WSL) to purchase regular supplies of fine wines for sale to the public. The wine is
Fine Wines Limited (FWL) contract with Wine supplies Limited (WSL) to purchase
regular supplies of fine wines for sale to the public. The wine is purchased by FWL
on credit facilities provided by WSL. A consignment of wine is delivered in error to
the local students union and mysteriously disappears. WSL insist that FWL pay for
the consignment, threatening to cut off FWL's credit facilities (upon which FWL are
dependent) if they do not pay. FWL protest to WSL about their harsh attitude, but
pay for the lost consignment in order to protect their business. Later, FWL learn that
WSL have not been paying Customs duty on wine imported from the continent. FWL
threaten to report WSL to the Customs authorities if they do not refund the money
FWL have paid for the lost consignment and, further, discount all further supplies of
wine to them by 30%.
Advise the parties as to whether, and if so how, their legal obligations are affected by the threats made.
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