Question
On 1 st February 2020, Mr. Pumpkin, a farmer agreed to buy from Mr. Tomato a self-binder reaping machine, which Mr. Pumpkin had not seen.
On 1stFebruary 2020, Mr. Pumpkin, a farmer agreed to buy from Mr. Tomato a self-binder reaping machine, which Mr. Pumpkin had not seen. Mr. Tomato told him that the machine had been new the previous year and was represented to have only been used to cut 50 or 60 acres. Both of them agreed that the machine must be deliver to Mr. Pumpkin on 20thFebruary 2020.
Unfortunately, Mr. Tomato forgot the actual delivery date and only make the delivery on 23rdFebruary 2020. On delivery the machine was rejected by Mr. Pumpkin, who complained that it was very old and had been mended. He returned the machine and Mr. Tomato sued to recover theprice.
Both Mr. Pumpkin and Mr. Tomato come to seek your advice. Advise them as to the following issues. Support your answer with Sale of Goods Act 1957 and decided cases (if any).
a.Whether Mr. Pumpkin can repudiate the contract between him and Mr.Tomato?
(15 marks)
b.Suggest the suitable remedies that can be claimed by Mr. Pumpkin in thissituation.
(10 marks)
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