Answered step by step
Verified Expert Solution
Link Copied!

Question

00
1 Approved Answer

Mulberry Jam Ltd is looking to expand its fruit preserve business. They get in touch with Marmalade Mango Inc., in Singapore, to see if they

Mulberry Jam Ltd is looking to expand its fruit preserve business. They get in touch with Marmalade Mango Inc., in Singapore, to see if they can set up shop there. Marmalade Mango Inc. agree provided that Mulberry Jam Ltd can send certain equipment to them by mid-April, in time with the seasonal harvest. The companies enter into an agreement and surrender some funds to a portfolio manager. On 19 March, Mulberry Jam Ltd and Reliable Logistics Ltd enter into a contract for the delivery of farming equipment from Lusaka to Dar es Salaam. The essential terms of the contract are that:

"the goods must reach the port by 13 April 2020 before 04:30 am in order to determine freight and load calculation before being shipped to the next destination.

Payment from Mulberry Jam Ltd will only be made on complete performance by Reliable Logistics Ltd."

On 6 April 2020, Lweendo, one of the directors for Reliable Logistics Ltd takes a flight to Dar es Salam and waits for the goods to arrive. He meets up with various partners of the company and concludes the relevant transactions. On 8 April at around 09:30 am, Lweendo gets word that the vehicle carrying the farming equipment has broken down in the Dar es Salam Central business district. He tries to contact Samson and Maxwell, the other two directors at the head office in Lusaka but neither one picks their phone nor returns the call. On 9 April Lweendo instructs the drivers to some of the pawn the farming equipment to raise funds to fix the vehicle (hopefully to be replaced at a later date by Reliable Logistics). The drivers sell more than half of the goods and raise enough money. They fix the vehicle and get to the port by 13 April at 03:45hrs. When the goods arrive in Singapore, the directors of Marmalade Mango Inc. reject the goods and state that they will sue Mulberry Jam for breach of contract.

I. Advise the relevant party/parties. [15 MARKS]

II. Explain in general terms, the remedies for breach of contract. [15 MARKS]

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access with AI-Powered Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Auditing A Practical Approach

Authors: Robyn Moroney

1st Canadian Edition

978-1118472972, 1118472977, 978-1742165943

Students also viewed these Law questions