Question
Grace wanted to cook abalones for her younger brother's birthday party. She ordered 12 abalones on the website of Japanese Abalones at the price of
Grace wanted to cook abalones for her younger brother's birthday party. She ordered 12 abalones on the website of "Japanese Abalones" at the price of $1,000 each. It was described on the websites that each abalone was sized 5 cm and was from Japan. When Grace ordered the abalones, she asked to have fresh abalones as she would like to cook a special dish which needed fresh abalones. Japanese Abalones replied that there should be no problem. On the day of delivery, Grace found that all the abalones delivered were only sized 2.5 cm and were not from Japan. Besides, all the abalones delivered were dried abalones instead of fresh abalones. Japanese Abalones said that all fresh abalones were out of stock. When Grace complained to Japanese Abalones, they referred to a clause on their website, which read, "all conditions and warranties implied by statute or common law are excluded, and Japanese Abalones is not responsible for any problem of the abalones delivered." As Grace did not know of her rights and remedies under the sale of goods law and since Japanese Abalones refused to cancel the order, Grace decided to cook the abalones for dinner. However, after Grace and her younger brother ate the abalones, they suffered from stomach illness and were sent to the hospital. It was later found that the abalones were infected by bacteria and were not suitable to be eaten. When Grace complained to Japanese Abalones, they again referred to the above exemption clause and insisted that they were not liable for any loss Grace has suffered.
(a) Advise Grace as to her rights and remedies under the Sale of Goods Ordinance. (20 marks)
(b) Explain to Grace as to the validity of the above exemption clause.
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