Ray is refurbishing his new bought hotel and needs to refurbished it before the opening which is scheduled on 1st August. Ray orders 20,000 for some new made to measure furniture for his new boutique hotel from Makia. Makia is to deliver the furniture on 1st August. Makia delivers the furniture on schedule but none of it is of the agreed dimensions. Ray sends it back and wants Makia to refund him the 20,000 he paid for it. Makia refuses to refund him, bringing to his attention the following clause contained on the last page of their contract, which was duly signed by Ray. Clause 47 "No refund under any circumstances". Ray now finds a local company that can deliver furniture in time for the opening, but it only has sufficient furniture in stock to furnish four of the eight bedrooms. Ray decides to go ahead with the opening despite the fact that only four of the rooms can be hired out.

You are to draft written advice to Ray v Makia for him to consider,

In the communication you need to:

Explain the difference between terms and representations

Identify the sources of contractual terms

Distinguish between conditions, warranties and innominate terms

Examine the difference between breach of conditions, warranties and innominate terms

Distinguish between liquidated and unliquidated damages

Assess the aim of damages in Contract Law

Compare and contrast the different measures used for assessing damages