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QI Explain the below given case study belongs to which category the offer belongs to? (CL03) (3 marks for solution 2 marks for comments =5

QI Explain the below given case study belongs to which category the offer belongs to?

(CL03) (3 marks for solution 2 marks for comments =5 marks) (10 minute)

McDougall v Aero marine of Ltd [19581 3 All ER 431

The defendants contracted to build a yacht for the claimant, the yacht to comply with the

claimant's specifications. The defendants agreed to try' to finish the yacht by 1 May 1957,

but this delivery date could not be guaranteed. The defendant paid the first instalment of

the price in November 1956. The yacht was presented for a trial run on 3 June 1957.

However, the yacht was not fit for its purpose. Negotiations took place between the

claimant and the defendants, but by the beginning of September 1957 the yacht was still

four or five weeks away from being ready for delivery'. Four-fifths of the 1957 yachting

season was by now over. The claimant therefore terminated the contract and demanded the

repayment of his first instahnent.

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