Question
John Buyco is a Candian importer. He is on a buying trip for electronics in HongKong. He buys five containers of goods. Each container has
John Buyco is a Candian importer. He is on a buying trip for electronics in HongKong. He buys five containers of goods. Each container has a different product purchased from different manufacturers. He buys the following:
a. one container of television sets;
b. one container of VCRs;
c. one container of toasters;
d. one container of computer monitors ; and
e. one container of pocket calculators.
The contract for the calculators states " the calculators shall be delivered on good condition". Five out of five thousand delivered to Buyco don't work. Buyco decides he wants to get out of the contract and says:" the contract uses the word CONDITION, This means that any breach is a breach of condition that lets me get out of the contract". In Cehave case, Denning dealt with the same argument. He concluded that the word "condition" didn't necessarily mean a condition at law. If the word " condition " sin't a condition at law, What is it? what did denning refer to it is? Explain what this legal term means?
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