Question
Pears Ltd accepts an order from Mango Plc for the supply of a consignment of fruit. The contract is made orally over the telephone. There
Pears Ltd accepts an order from Mango Plc for the supply of a consignment of fruit. The contract is made orally over the telephone. There is no discussion of the quality of the fruit. When the consignment arrives at Mango's premises, most of it has gone off. Can Mango sue Pears for breach of contract?
Select one:
a.No, because Mango should have looked out for itself and ensured that there was a written contract which said that the fruit needed to be in good condition
b.No, because the contract should have been in writing
c.Yes, because it was an express term of the contract that the fruit should be of satisfactory quality on delivery
d.Yes, because it would have been an implied term of the contract that the fruit should be of satisfactory quality on delivery
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