Question
Opiyo bought a container of spare parts from Perth Ltd. The parties agreed that the container would be delivered to his warehouse in Nairobi in
Opiyo bought a container of spare parts from Perth Ltd. The parties agreed that the container would be delivered to his warehouse in Nairobi in 2 days. He did a bank transfer and then left for Nairobi. The goods were then dispatched the next day via train to Nairobi. Perth Ltd received a call from the bank after dispatching the goods that the transaction had been declined due to insufficient funds in Opiyo's account. Perth Ltd then called Opiyo and advised him to resolve the issue within 2 hours. He failed to do so. 2 hours after their conversation his phone went off and it became impossible to reach him. The managing director of Perth Ltd immediately comes to your office as the legal officer of the company and asks for your advice.
Citing case law where relevant advise him on what to do.
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