Question
Salim started a new hobby of collecting classic cars. He instructed Suroor, a well-known specialist in classic cars and motorcycles, to locate and purchase a
Salim started a new hobby of collecting classic cars. He instructed Suroor, a well-known specialist in classic cars and motorcycles, to locate and purchase a 1971 Ford Mustang Sportsroof. On 01/03/2022, with the help of his contacts, Suroor managed to locate Sultan, who owned two 1971 Ford Mustang Sportroofs. After lengthy negotiations, Sultan agreed to sell one of his classic cars for 150,000 AED and to deliver the car to Salim on 03/03/2022. Suroor drew a post-dated cheque for 150,000 AED to be deposited by Sultan on 04/03/2022.
The next day after meeting Sultan, Suroor received information that someone was selling a 1992 Harley-Davidson Daytona, a rare motorcycle. He immediately met the owner and purchased the motorcycle on Salims behalf. Later that day, Suroor informed Salim about the rare motorcycle, and Salim was delighted and approved of the purchase. As a bonus for Suroor's efforts, Salim wrote a cheque which stated that Suroor was to be paid a fair percentage from Salims recent Bored Ape NFT sale.
On 03/03/2022, Sultan delivered the classic car to Salim as agreed, but Salim refused to accept it because he was no longer interested in it. Salim notified Suroor of his refusal to accept the car. Suroor thereafter called his bank and ordered it to stop payment on the cheque issued to Sultan because Sultan had misrepresented the actual model of the car sold.
Answer the following questions:
A) In relation to the 1971 Ford Mustang Sportsroof:
- Can Sultan bring a legal claim against Suroor for Salims refusal to accept the classic car? (2 marks)
- Was Suroors instructions to his bank to stop payment on the cheque issued to Sultan valid and lawful? (3 marks)
B) Is Salim legally obligated to accept the 1992 Harley-Davidson Daytona? (3 marks)
C) Can Suroor deposit the cheque issued to him by Salim? (2 marks)
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