Question
Martha Bing is a very successful business woman, who recently negotiated a new agreement with Fred Shakeup, to sell and supply her with French lace
Martha Bing is a very successful business woman, who recently negotiated a new agreement with Fred Shakeup, to sell and supply her with French lace undergarments
for one of her boutiques.It is stated to be for 12 months, with the deliveries taking place on the 6th dayof each month before 12 noon. For the first 6 months everything
was smooth sailing, and there were absolutely no issues.In the 7thmonth, however,the goods were delivered 10 days late.As a result Martha lost out on a substantive
deal that she had contracted with a Dutch buyer.
(i)(i)Explain how the court would classify the term regarding the delivery day and time.You must provide full definitions and explanations in order to maximise your
marks.You must also state the appropriate remedy available. (6 marks)
(ii)Assume for this part of the question that Martha suffered some inconvenience, in terms of putting items on the shop floor and dressing the mannequins.Whattype of term might this be?You must also state the possible remedy, if any, availabletoMartha.(4 marks)
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