Question
House of Meat Pty Ltd (House of Meat) is a meat wholesaler situated in Victoria Market specialising in pork, yearling beef, and all-season young lamb.
House of Meat Pty Ltd (House of Meat) is a meat wholesaler situated in Victoria Market specialising in pork, yearling beef, and all-season young lamb. House of Meat purchased 3000 kg of yearling beef from Yarra Meat Pty Ltd (Yarra Meat), to be delivered in three instalments as House of Meat's stock ran out. The beef remained the property of Yarra Meat until each instalment's payment was paid in full.
The first instalment was delivered without any issues. House of Meat was satisfied with the delivery and resold it for a profit to Melbourne stores. It hoped that future deliveries would be as successful. Unfortunately, this occurred at a time when House of Meat was experiencing rapid expansion and was financially pushed to the point of being unable to pay its many suppliers. As a result, House of Meat's bank was forced to stop its overdraft facility, resulting in the dishonouring of the cheque written for payment of the second instalment from Yarra Meat.
House of Meat had already sold the second instalment from Yarra Meat to Melbourne retailers at this point. However, House of Meat asked for the third instalment to be delivered hoping that speeding up the delivery of its third instalment would improve its financial position.
House of Meat's delivery vehicle was dispatched to take delivery of the beef, and Yarra Meat was instructed to place the beef outside the warehouse early in the morning so that the driver could quickly load it and bring it to consumers waiting for it in Melbourne, as had been the case in the past. However, the driver took a detour and stopped at a local winery. By the time the driver arrived, the temperature had already taken its toll on the beef. When the driver realised what had happened, he refused to load the beef and returned to Melbourne. House of Meat tried to get out of the contract for the final instalment.
Based on the foregoing:
1. Determine whether the retailers have good title to the second instalment of beef under the Goods Act of 1958 (VIC).
2. Under the Goods Act 1958 (VIC), who bears the risk of the third instalment of beef being spoiled?
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started