Francis is an avid home baker who spent his free time during weekends honing his baking skills. When he lost his job during the Covid-19 pandemic, he decided to start a bakery business to sell Japanese Souffl Cheesecakes. He started sourcing for baking supplies in commercial quantities.

Francis visited an egg wholesaler business owned by a man affectionately nicknamed "Eggy". Eggy showed Francis the different eggs which he would be able to supply and told Francis the various prices. Francis told Eggy that he was very particular about the quality and origin of the eggs which he wanted to buy. Francis was interested in one of the types of eggs that Eggy showed Francis. The eggs were apparently fortified with extra vitamins and had very bright-coloured orange yolks (unlike the normal yellow yolk) which would enhance the colour of Francis' cheesecakes. Francis then asked Eggy about the origin of these eggs. Eggy told Francis that these eggs were from Japan and of excellent quality. On hearing this, Francis was very pleased and exclaimed "That is exactly what I want and nothing less. Eggs from Japan may be more expensive but they are definitely of excellent quality!" Eggy then replied "Indeed! Having been in this business for so many years, I am particular too about the quality and origin of the eggs that I sell. You do not have to worry when you buy from me!"

Francis then immediately placed an order for the supply of 5000 eggs, to be delivered in five batches. There was no document other than a delivery schedule indicating the number of eggs required by Francis and the specific delivery dates. Nothing else was mentioned in the delivery schedule including no statement regarding the quality and origin of the eggs. Francis paid the sum amounting to 20% of the total price and was required to pay Eggy the remaining amount only after all the five batches had been delivered.

The first batch was delivered to Francis a week later by Eggy's staff, Ah Hock. While chatting with Ah Hock just before Ah Hock left, Francis realised to his horror that the eggs in question were not imported from Japan but were from another country. He was very angry and refused to take any further delivery. After checking around, Francis discovered that in order to save costs, Eggy had arranged with the egg exporter of another country to change the colour of the egg yolks by injecting chemicals into the usual cheap eggs sold and then passing them off as eggs of excellent quality from Japan. He does not have any more faith in Eggy and decided to source his supply of eggs from other egg wholesalers. Francis thus does not want to proceed with the contract with Eggy.

Required

Advise Francis whether he is legally entitled to end the contract with Eggy and fully explain the

legal basis for the same. Advise further what are Francis' rights with regard to the delivery of the

remaining batches and the payment to be made by Francis.